This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: February 7, 2017.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the Fishidy Principles, and governs our relationship with users and others who interact with Fishidy. By using or accessing Fishidy, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on Fishidy, and you can control how it is shared through your privacy and settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fishidy ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Fishidy, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Fishidy, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Fishidy safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Fishidy.
- You will not collect users' content or information, or otherwise access Fishidy, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fishidy.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Fishidy without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
- You will not use Fishidy to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Fishidy, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Fishidy users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Fishidy, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Fishidy if you are under 13.
- You will not use Fishidy if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Fishidy that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Fishidy if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Fishidy, the Fishidy and Outdoor InSite Logos,), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Fishidy.
- You will not tag users or send email invitations to non-users without their consent.
6. Fishing Hot Spots Intellectual Property
- Fishidy includes maps and other information owned by Fishing Hot Spots, Inc. (“FHS Intellectual Property”). You are not permitted to use any FHS Intellectual Property for any purpose other than for your personal, non-commercial use. Copying, altering, or distributing FHS Intellectual Property is prohibited and may subject you to liability, including but not limited to liability for copyright infringement.
- Fishidy’s map are not designed or intended for navigational purposes. Please use caution on the water.
- Please be aware that your carrier's normal rates and fees, such as data fees, will still apply.
- You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Fishidy, as well as your name and profile picture.
If you make a payment on Fishidy or use Fishidy Credits, you agree to our Payments Terms.
9. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
- We give you permission to use Fishidy's Share Link button so that users can post links or content from your website on Fishidy.
- You give us permission to use and allow others to use such links and content on Fishidy.
- You will not place a Share Link button on any page containing content that would violate this Statement if posted on Fishidy.
10. About Advertisements and Other Commercial Content Served or Enhanced by Fishidy
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
11. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Fishidy.
- You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with Fishidy without written permission.
- We may reject or remove any ad for any reason.
- If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- For changes we will give you a minimum of seven days notice. All such comments must be made on the contact fishidy page
- If more than 10,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Fishidy to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Fishidy exclusively in a state or federal court located in Dane County. The laws of the State of Wisconsin will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dane County, Wisconsin for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Fishidy, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP FISHIDY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FISHIDY "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FISHIDY WILL BE SAFE OR SECURE. FISHIDY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR INTELLECTUAL PROPERTY OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FISHIDY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FISHIDY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FISHIDY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal intellectual property transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Fishidy (such as advertising or payments) or operate a Platform application or website.
- By "Fishidy" we mean the features and services we make available, including through (a) our website at www.Fishidy.com and any other Fishidy branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve intellectual property from Fishidy or provide intellectual property to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on Fishidy that would not be included in the definition of "information."
- By "intellectual property" we mean content and information that third parties can retrieve from Fishidy or provide to Fishidy through Platform.
- By "post" we mean post on Fishidy or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Fishidy at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received intellectual property from us. If you no longer access Platform but have not deleted all intellectual property from us, the term application will apply until you delete the intellectual property.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and FISHIDY Inc. References to “us,” “we,” and “our” mean FISHIDY Inc.
- This Statement makes up the entire agreement between the parties regarding Fishidy, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Fishidy.
- Mapping displayed on Fishidy is not intended for navigation
- Mapping information is not be suitable for any or all purposes, images, print outs, digital reproduction, etc. may not be shared, reproduced, stored, distributed, or used in any manner without the expressed written consent of Fishing Hot Spots, etc.