This schedule, Terms and Conditions of Use and Membership for Fishory (“TERMS AND CONDITIONS” or “Terms and Conditions”), contains the general rules applicable to any mode of use of Fishory products, through any mode of use including the web, smartphone apps, and/or any other consumer-oriented products of this kind offered by Fishory.
ACCEPTANCE OF TERMS
By using these Fishory products, and/or by applying for or receiving membership services (“Service”) from Fishory, User acknowledges that User is bound by the terms and conditions set forth herein. Fishory may change the Terms and Conditions set forth below at any time. If User finds any material changes unacceptable, User shall have the right to cancel User’s membership to their Fishory Service. If User has not notified Fishory of an election to cancel User’s membership prior to the date any changes that are scheduled to take effect, User will be deemed to have accepted and agreed to the changes and will be bound thereto. ADDITIONAL TERMS. When using particular Fishory services, User shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
FEATURES AND NEW FEATURES.
Fishory provides users with access to a rich collection of online resources, including fishing information, forecasts, and personalized content (“the Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fishory products or properties, shall be incorporated into and subject to these Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and Fishory makes no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or of non-infringement of any third party intellectual property rights. Fishory assumes no responsibility for the timeliness, deletion, accuracy, or mis-delivery of fishing information, forecast information, third party information, or any other information. Fishory also assumes no responsibility for the timeliness, deletion, accuracy, or mis-delivery, or failure to store any user communications, third party information, User personalization settings, or any other information.
AVAILABILITY OF SERVICES IN GENERAL
Fishory makes no warranty as to coverage availability or grade of Membership Service. Smartphone and web services in particular are generally available when within range of communication towers located in Fishory’s service area subject to the limitations set forth herein. Other products and forms of membership, such as the internet services, are also subject to third party network availability and limitations beyond the control of Fishory. Membership service may be interrupted because of system capacity limitations that do or do not have any relation to systems under the control of Fishory. Membership Service may also be interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper or improved operation of the Service. These changes may be made by Fishory or by totally unrelated third party entities either inside or outside of Fishory’s control. Membership Service is also subject to transmission limitations caused by atmospheric, structural, geographic and like conditions beyond Fishory’s control, which User acknowledges.
SUBSCRIBER AGREEMENT BETWEEN USER AND FISHORY GOVERNS SPECIFICS OF USER’S ACCOUNT TO THE EXTENT NOT ADDRESSED HEREIN
In addition to and to the extent not inconsistent with the Terms and Conditions set forth herein, User’s use of Service provided by Fishory is subject to individual agreement between User and Fishory (referred to herein as “Membership Agreement”). The Membership Agreement may be written or oral or a combination of the two and will be evidenced by the particular rate plan, promotion, sign-up screens, and elected choices and features as evidenced and indicated on User’s Fishory account(s). User’s Membership Agreement will govern the specifics of User’s account including but not limited to activation fee, contract term, monthly membership fee, rates, features, elected options, items included in these Terms and Conditions. User should note that contracts for the provision of Service by Fishory are sometimes for a definite term, and sometimes for an indefinite term, and cancellation of any Membership Agreement prior to the agreed upon term may result in an early termination fee.
Fishory may activate any new User upon receipt of necessary member information without requiring a written Service request form.
For all membership plans, User will be billed in advance of the months/year for which User receives Service. Members can be billed annually or monthly. In the event User’s account is activated for a period of time which includes a fractional portion of a billing period (such as a month, for example), the User will still be charged for the entire billing period. The minimum contract period on month-to-month memberships is one month at a time. The minimum contract length on annual memberships is one year, and annual membership dues are non-refundable.
Generally Fishory requires a valid credit card to maintain paid membership Service. User’s credit/debit card will be automatically charged at the time of billing.
All Fishory memberships are automatically renewable. Memberships automatically renew at current Fishory membership rates upon the end of each term, unless Fishory is notified to cancel by User using our Contact Us feature on the website before the end of the member term. Fishory will provide written notice via email prior to automatic renewal though we cannot guarantee receipt of said message by User (see “Obligations of User” below).
MEMBERSHIP SPECIFIC BILLING INFORMATION
Annual Membership Plans — Annual Membership fees are Pre-Paid once per year and are renewed automatically unless you contact us to terminate prior to the renewal date. To terminate, you must contact us through the website Contact Us feature. Annual Plan membership fees are not refundable. Monthly Membership Plans – Monthly memberships are billed monthly. Memberships are renewed automatically unless you contact us to terminate prior to the renewal date. To terminate contact us via the website Contact Us feature.
TAXES AND SURCHARGES
User acknowledges that many governmental bodies can and do impose taxes on the use of the Service. In addition, User acknowledges that the providers of the Service are subject to various governmental regulatory mandates, compliance with which can and does result in surcharges to User. User acknowledges that User is responsible for all such taxes and surcharges in addition to and on top of any other charges described herein. Taxes and surcharges will be clearly marked as separate items on any bill sent to User.
PAST DUE ACCOUNTS
When a customer’s account is past due and a balance exists which needs to be paid, the customer is liable to pay the amount due as soon as possible. Service may not be available during the period when the customer’s account is not paid in full. The customer is responsible for keeping their credit card number up to date with Fishory’s records. If a credit card number cannot be charged by Fishory’s system, a billing alert will appear on the customer’s account. Upon logging in to Service, the customer will be presented with an opportunity to enter their valid credit card information. Fishory reserves the right to regularly remind customers with past due accounts that their accounts are past due and must be paid.
TEMPORARY AND PERMANENT SUSPENSION OF SERVICE TO USER
In addition to the general limitations on the availability of Service, Fishory may temporarily or permanently suspend the furnishing of Service to a User without notice for the reasons set forth here: a) Non-payment of any sum owed to Fishory by its due date; b) Violation of any term or condition set forth herein. If User violates any of the terms and conditions governing the furnishing of Service as set forth herein, Fishory may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; c) Inaccurate or fraudulent information; Fishory reserves the right to verify the accuracy of information provided by User at any time. User has an ongoing responsibility to maintain the accuracy of User’s personal information necessary to administer User’s account. If any information provided by User to Fishory is inaccurate, inconsistent, or otherwise fraudulent, Fishory may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; d) Use of Service in manner that will adversely affect Fishory’s Service to others. If User uses the Service provided by Fishory in any manner that will adversely affect Fishory’s Service or ability to provide Service to others, Fishory may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; e) For any reason whatsoever, provided that if membership is terminated, applicable refunds shall be made available.
LIMITATION OF LIABILITY
User’s only remedies for interruption(s), suspension, and/or deactivation of Service furnished by Fishory are as set forth below:
* a) Credit allowance for suspension, deactivation, or interruption(s) of Service attributable to Fishory. Fishory’s sole liability to User for any suspension, deactivation, or interruption of Service attributable to Fishory or its equipment shall be a credit allowance made in the form of a pro rata adjustment of the fixed monthly or annual charges billed by Fishory; provided, however, that Fishory is under no obligation to give a credit allowance for interruption(s) of Service lasting less than 24 continuous hours. Thus, a reasonableness standard does apply. No liability other than this Service credit allowance shall attach to Fishory for interruption(s) in Service attributable to Fishory;
* b) Service not warranted for any particular purpose. Fishory makes no warranty, expressed or implied including and without limitation, a warranty of merchantability, or a warranty of fitness for a particular purpose. Fishory shall not be liable for any special, incidental, or consequential damages of any nature or for any reason either before, during, or after the activation of Service by Fishory;
* c) No liability for acts, omissions, or interruption of Service not attributable to Fishory. Fishory is not liable for and shall make no credit allowance for any interruption of Service caused by the negligence or willful act of User, any failure of equipment not warranted by Fishory (such as failure of equipment or facilities of a third party such as a cellphone provider, a communications tower provider, a telephone provider, a power company, or other public or private utility or provider), any action attributable to any third party private or public entity, nor any act, failure or omission not attributable to Fishory or Fishory’s equipment;
* d) Other factors beyond Fishory’s control. Fishory shall in no event be liable for any interruption, delay, error, defect, or failure in transmission when such is caused by acts of God, fire, war, riots, actions of government authorities, or other causes beyond Fishory’s exclusive control;
* e) Limitation on liability for gross negligence. In the event an error or omission is caused by the gross negligence of Fishory, the liability of Fishory shall be limited to and shall in no event exceed the sum of $100.00;
* f) User’s Use of Service and indemnification of Fishory for claims arising out of User’s Use of Services. User shall not use a Fishory Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to call another person so frequently or at such times of day or in any other manner so as to annoy, abuse, threaten, or harass; nor in any other manner shall a person use any Fishory Service to harm or annoy in any way, another person;
* g) User shall not use any Fishory Service for any purpose in violation of law. User shall not use any Fishory Service in a manner so as to interfere with the use of Service by one or more other Members (or to interfere with any person, place, or thing, regardless of whether that person, place, or thing is a member of a Fishory service), or to interfere with Fishory’s ability to provide Service to others. User shall indemnify and hold Fishory harmless against all claims for libel, slander, or infringement of copyright arising from material transmitted by Fishory or to User over Fishory’s facilities; User shall further indemnify and hold Fishory harmless against claims for infringement of patents arising from the use of or the combination of the use of facilities or products of Fishory alone or along with the use of any apparatus or systems of the User; and the User shall indemnify and hold Fishory harmless against all other claims arising out of any act or omission by User in connection with User’s use of the Service or facilities provided by Fishory;
* h) No liability for damage to User’s vehicle or other property. Fishory is not liable for any defacement or damage to any User or third party vehicle or other personal or real property resulting from the existence of a telephone, computer, device of any kind, or cellular telephone in any vehicle or in or on any other User property; Users use cellphone, device, and computer facilities at his or her own risk. (Fishory encourages its Users to please act responsibly.)
* i) No liability for acting on verbal requests relating to User’s account. Fishory is not liable in any manner for acting on a verbal request to activate, change, suspend, or deactivate Service.
USE OF FISHORY DATA
All Fishory content, including real-time and historical forecasts, and all other content, is solely owned by Fishory and any unauthorized use of Fishory’s protected content is prohibited and illegal. It is illegal and in violation of these Terms and Conditions to republish Fishory’s data in any manner, unless given distinct and current written permission by Fishory authorizing that specific use.
Use of Fishory data via these Services or any other consumer portal, viewer, or application is permitted only for individual personal use, and the use of this data for any commercial, organizational, financial, or business purposes is expressly prohibited. Use of any Fishory portal, viewer, or application, or accessing of any direct or derived Fishory data via any means, constitutes your acceptance of these restrictions. All data provided by Fishory remains the sole and exclusive property of Fishory and may not be republished or redistributed by User in any way without prior written consent of Fishory. Under no circumstance may the Fishory data be used or disclosed, either directly or indirectly, for any purpose. All uses not complying with the aforementioned provisions are unauthorized and an illegal breach of these Terms and Conditions. Fishory will use all legal means to collect damages and prosecute to the fullest extent of the law.
REPRODUCTION OF FISHORY DATA
Any reproduction, republishing, or reformatting of Fishory data from any source in any format (including but not limited to raw data, email, internet, world wide web, and smartphone formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – Fishory will use all legal means to collect damages and prosecute to the fullest extent of the law.
LINKS TO FISHORY WEBSITES
Any linking to any of our websites within “frames” or any similar methodology is unauthorized. All references or web links to Fishory data must direct the web browser completely on to the relevant Fishory website and must in no way incorporate or republish Fishory data onto any other website or information source.
All photos submitted to Fishory are submitted with the understanding that Fishory gains the right to use the image on the internet, on any of Fishory’s websites, as well as for informational or advertising/marketing or promotional materials of any kind. By submitting a photo to Fishory, you hereby grant Fishory the non-exclusive royalty-free irrevocable rights, in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the image(s) (in whole or in part) and to incorporate the image(s) in other works in all any and all markets and media, whether now known or hereafter developed, throughout the universe into perpetuity. You hereby grant any other user of the site to access, view, store, or reproduce the image(s) for that user’s personal use; you waive your rights to attribution, integrity, or any other legal or moral right in the image(s) in connection with its (their) use by Fishory; you agree to allow use of your name in Fishory publicity or advertising without compensation.
No warranty is given concerning the accuracy, timeliness, or completeness of the forecasts provided by Fishory. The User assumes the entire risk related to forecasts provided by Fishory. The Fishory, their employees, and their consultants provide this data “as is”, and disclaim any and all warranties, whether express or implied, including without limitation any implied warranties as to the fitness for a particular purpose. In no event will the forecasters, Fishory and/or their employees or consultants be liable to any third party for any direct, indirect, incidental, consequential, special, or exemplary damages, injury, death, property loss, or lost profit resulting from any use or misuse of any type of forecast information of any kind provided by Fishory, it’s instruments, or its employees or consultants. Upon receiving any suggestion by Fishory to engage in any activity, the User holds Fishory harmless against any claims of any kind of personal harm, or financial harm, or property damage related to any such activity and/or related to choosing to engage in actions based on recommendations or suggestions made by Fishory forecasts or information on the internet or through any other communications (such as in-person, email, or telephone communications with Fishory employees, contractors, or agents). Nautical Charts have reduced resolution and should not be used for Navigational Purposes. They are provided as a means of reference. Fishory disclaims any liability related to activities engaged in by Users.
YOUR USER ACCOUNT
You agree to keep your email address current with Fishory. Email will be Fishory’s primary means of contacting you. You can update your email address at any time by going to your Account page. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration forms, and by any and all written or oral communications between yourself and Fishory staff and consultants, and; (b) maintain and promptly inform Fishory of changes to your email address (most importantly), as well as your home phone number, work phone number, cell phone number, shipping address, credit card number and its expiration date, and all other information provided to Fishory, in order to keep your account true, complete, accurate, and ongoing. Announcements, billing notices, and communications of any type that are missed due to out-of-date information within a member’s account will be the responsibility of the member, not of Fishory.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You agree that the information that you receive from Fishory will be used for your own personal use only. Fishory’s usage policy is that Fishory’s data can be used for the User’s own personal use only. A User will choose or be assigned a username and a password relating to account designation upon completing the Service’s registration process. The username and password are intended for the sole member’s use only, for one person’s use only. The member is the only person authorized to use the username and password. Your username may occasionally appear publicly. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to: (a) immediately notify Fishory of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account and LOG OFF at the end of each session. Fishory cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. Fishory reserves the right to change a member’s website username and/or password if duplicate logins occur. Be sure to log off after each session.
You understand that all information, data, text, photographs, graphics, ideas, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fishory, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Fishory be liable in any way for any Content, including, but not limited to, any statements made by anyone as appearing on any Fishory website, any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service or any Fishory product, website, or instrument to:
* a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
* b. harm minors in any way;
* c. impersonate any person or entity, including but not limited to, a Fishory official, forum leader or moderator, host, employee, contractor, consultant, or affiliate; or falsely state or otherwise misrepresent your affiliation with a person or entity of any kind;
* d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* e. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as the BUY/SELL section) that are designated for such purpose and then also all such communications also must comply with these Terms and Conditions at all times;
* f. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, of programs designed to interrupt, destroy, or limit the functionality in any way of any computer software or hardware or telecommunications equipment in the universe;
* g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of internet websites, communications devices, or networks connected to the Service;
* h. intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange of the NASDAQ, and any regulations having the force of law;
* i. “stalk” or otherwise harass another person or thing; or
* j. collect or store personal data about other users
You acknowledge that Fishory cannot be held responsible to pre-screen all Content, but that Fishory and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Fishory and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fishory or submitted to Fishory or transmitted through Fishory facilities or equipment or Service.
You acknowledge and agree that Fishory may preserve Content and may also disclose Content if required to do so by law, or in the good faith belief that such preservation or disclosure may be reasonably necessary to: (a) comply with legal process(es); (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fishory, its users and the public.
You understand that the technical processing and transmission of the Service, including fishing information, forecasts, and Content, may involve (a) transmissions over various networks and communications facilities; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
*k. Fishory, its employees, agents, and consultants reserve the right to refuse service to anyone. Fishory reserves the right to end any membership at any time when Fishory considers this action to be necessary and appropriate. Appropriate refunds would be made available. The election by Fishory to end a membership relationship may or may not be related to member conduct and actions. At all times the user acknowledges that Fishory reserves the right to refuse and/or end service to anyone at any time, including User.
*l. You acknowledge that you must abide by the restrictions on the Usage and Reproduction of Fishory data as described in paragraphs 10 and 11 above. You acknowledge that violations of these restrictions is actionable and that Fishory will use all legal means to collect damages and will prosecute such violations to the fullest extent of the law.
PUBLIC CONTENT POSTED TO FISHORY
With respect to Content you elect to post for inclusion in publicly accessible areas of Fishory, you grant Fishory the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish such Content on the Service or other instrumentalities of Fishory for any business purpose of Fishory or its employees or contractors. This license exists and is in effect.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial or non-commercial purpose, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
Fishory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fishory shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION BY FISHORY
You acknowledge that Fishory, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use of the Service by the User, or if Fishory believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Fishory may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice, and you acknowledge and agree that Fishory may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fishory shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence of business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Fishory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including but not limited to the internet and apps and/or Fishory.com.
LINKS BY FISHORY TO OUTSIDE PARTIES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fishory has no control over such sites and resources, you acknowledge and agree that Fishory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fishory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such Content, goods, or services available on or through any such site or resource.
FISHORY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property laws and all other applicable laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized in writing by Fishory or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
* a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FISHORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
* b. FISHORY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
* c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, TO YOUR COMPUTER SYSTEM OR OTHER COMMUNICATIONS DEVICE OF ANY KIND, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fishory OR THROUGH OR FROM THE SERVICE IN ANY FORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FISHORY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Fishory HAS BEEN ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY SERVICES OR PRODUCTS OF FISHORY, OR ANY RELATED WEBSITE OR SERVICE.; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, MATERIALS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to Users may be made via webpage, pop-up internet message, in person, via telephone, via email, or Fishory.com messages, through regular mail, fax, or other appropriate communications method. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices in communications to you via the Service or via other communications methods. Such changes would be incorporated by reference into these Terms and Conditions.
Terms and Conditions. Copyright© 2018 Fishory. All rights reserved.