Terms and Conditions

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 14 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: September, 2014.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the Fishidy Privacy Policy, and governs our relationship with users and others who interact with Fishidy. By using or accessing Fishidy, you agree to this Statement. "Fishidy" means Fishidy, Inc. d/b/a Fishidy or fishidy.com, whose principal place of business is at 8401 Excelsior Drive, Madison, WI 53717, United States.

1. Definitions
By "application" we mean any application or website that uses or accesses Fishidy, Inc., as well as anything else that receives or has received data from us. If you no longer access Fishidy, Inc. but have not deleted all data from us, the term application will apply until you delete the data.
By "content" we mean anything you post on the Fishidy website that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Fishidy or provide to Fishidy through Fishidy, Inc..
By "Fishidy" we mean (a) Fishidy, Inc. d/b/a Fishidy or fishidy.com, (b) our website at Fishidy, Inc. and any other Fishidy navbar-branded or co-navbar-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) Fishidy, Inc.; and (d) social plugins, or networks now existing or later developed.
By "information" we mean facts and other information about you, including actions you take.
By "Orders" we mean financial transactions between you and fishidy.com for a service or good
By "post" we mean post on the Fishidy website 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.
2. 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.
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).
3. Privacy
privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Fishidy to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions about what information you share, and with whom.
4. 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.
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 and the Fishidy Logos), or any confusingly similar marks, without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Fishidy) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Fishidy.
No Solicitation is allowed on Fishidy. Fishidy, Inc. reserves the right to delete and content or use accounts at their discretion
5. 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 settings. In addition:
For content that is covered by intellectual property rights, like text, photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any IP content which you submit, post or display on or through or in connection with Fishidy ("IP License").
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 recognise or compensate you for them (just as you have no obligation to offer them).
6. Safety
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 on Fishidy.
You will not upload viruses or other malicious code.
You will not solicit login information or access a Fishidy account belonging to someone else.
You will not bully, intimidate, or harass any Fishidy user.
You will not post content on Fishidy 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 promotions 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.
7. Payments
If you make a payment on Fishidy, you agree to our Payments Terms.
8. 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.
9. Mobile
Please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Fishidy within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
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.
10. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or potential legal liability 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, our obligation to make the Fishidy site and services available to you shall terminate.
11. Disputes
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 such State's conflict of laws 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 DATA 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 ยง1542, 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 YOUR POSTING OR VIEWING OF, OR RESPONSE TO, CONTENT OR ADVERTISING, OR OTHER USE OF THE FISHIDY SITE , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR POSTING OR VIEWING OF, OR RESPONSE TO CONTENT OR ADVERTISING, OR OTHER USE OF THE FISHIDY SITE 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.
12. 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:
You give us permission to use your name and profile picture in connection with all content that you submit to Fishidy, subject to the limits you place.
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.
13. Special Provisions Applicable to Advertisers
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our advertising agreement.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the response 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 our written permission.
We may reject or remove any ad for any reason.
14. Special Provisions Applicable to Users Outside the United States
We strive to create a 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 data 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.
15. Other
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., d/b/a Fishidy or fishidy.com.
This Statement makes up the entire agreement between the parties regarding Fishidy, and supersedes any and all prior agreements, whether oral or written.
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.
16. Mapping
Mapping displayed on Fishidy is not intended for navigation,
Mapping information is may not be suitable for any or all purposes, images, print outs, digital reproduction, and may not be shared, reproduced, stored, distributed, or used in any manner without the expressed written consent of Fishing Hot Spots or Fishidy, Inc.
Premium data and content exclusive to premium level accounts is not permitted to be shared or revealed to non-premium subscription accounts whether your own, of others' or outside parties. Fishidy, Inc. reserves the right to permanently delete any and all offending users' accounts.
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