Terms and Conditions
Welcome and greetings to Fishernote.
It is critical to understand both your and our rights in relation to the services we provide (as detailed below). We strongly advise you to thoroughly read them.
Service Agreement
Fishernote makes its websites, mobile applications, and services (collectively the “Services”) available to you, subject to these Terms of Service (hereinafter referred to as the “Terms”) and the Fishernote Privacy Policy (the “Privacy Policy“). Detailed information about the Services can be found at at https://fishernote.com. It is necessary for you to agree to these Terms and any additional terms Fishernote makes available to you on the Services, which are incorporated into these Terms.
BY ACCESSING, UTILIZING, UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY CONFIRMING YOUR ACCEPTANCE OF THESE TERMS BY CREATING AN ACCOUNT, CLICKING “REGISTER,” OR ANY SIMILAR ACTION, YOU ARE ACCEPTING THESE TERMS.
This agreement was composed in English. If there are any differences between this English version and a translated version of the Terms, the English version takes precedence.
If you access or use the Services on behalf of a corporation or other entity, you represent and warrant that you have the authority to bind such company and its affiliates to these Terms and that they are fully binding on them. The term “you” refers to such entity and its affiliates in such instances. You are not permitted to access or use the Services if you lack such authorisation. These Terms contain warranty disclaimers and liability limits that may apply to you.
Fishernote must process data about you and other Fishernote users, including your location data, in order to provide Fishernote Services and to carry out the agreement outlined in these Terms of Service. The processing of data you share with Fishernote, such as location data, is critical to the Services we provide and an essential component of our fulfilment of our agreement with you.
Notice Regarding Dispute Resolution: These Terms include provisions that dictate how disputes between you and Fishernote are resolved, including an agreement to arbitrate, which will require you to submit any claims you have against us to binding and final arbitration and limit your claims against Fishernote to individual cases, unless you opt-out in accordance with the provided instructions, unless you opt-out in accordance with the provided instructions.
Account creation and registration
The Services are only intended for people who are at least 13 years old or the legal age in your country to use them. If you are under the legal age in your jurisdiction to establish a binding contract, you represent that your parent or legal guardian has seen and accepted these Terms on your behalf.
To use the Services, you need to register. You agree to: (a) supply accurate, current, and complete information about yourself (“User Data”); and (b) maintain the User Data up to date. You agree that Fishernote may use your User Data to deliver Services to you and as otherwise specified in these Terms. If you supply false or outdated User Data, or Fishernote has reasonable grounds to think that such User Data is false or outdated, Fishernote retains the right to suspend or terminate your account and refuse current or future use of the Services. You affirm that you are not a person forbidden from obtaining services under the laws of any applicable jurisdiction in consideration of your use of the Services.
You are solely responsible for maintaining the secrecy of your account’s password and preventing access to your password, computer, and mobile device while logged into the Services.
You agree to bear full responsibility for all acts taken under your account or through your computer and mobile devices. We make every reasonable effort to deploy security measures to protect your account from unauthorized access. We cannot, however, guarantee complete security for your account, your Content (as defined below), or the personal information you give. Furthermore, we cannot guarantee that our security measures will prevent third-party “hackers” from gaining unauthorized access to the Services or its contents. You undertake to alert Fishernote immediately of any unauthorized use of your account or password, or any other security breach, and you acknowledge your acceptance of the risks associated with unauthorized access to User Data and any other information or content you give to Fishernote.
You have the option of registering for or logging into your account through a third-party network such as Facebook or Google. If you choose to do so, you grant Fishernote permission to pre-fill your account’s registration and other necessary information fields, as well as to utilize these third-party credentials to log you in. If you connect your account to a third-party network, you agree to follow the terms and conditions and policies of that third party.
By using certain Services that use the Google Maps API, you agree to follow the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of these Services.
Fees and Payments
Payments
To pay any fee, you must identify and give information regarding your preferred payment method (e.g., credit card, online payment provider, a third party such as iTunes or Google Play, or any other payment option made accessible by Fishernote) (the “Payment Method”). You authorize us and certain third-party service providers, credit card networks, and payment processors to receive, store, and encrypt your payment data if you supply them to us. By going to https://support.fishernote.com, you can modify your Payment Method or edit your information. If you paid through the Google Play or iTunes store, you can change your Payment Method via your store account. Other than as indicated in these Terms, Fishernote will not give refunds or credits. If your payment provider identifies fraudulent charges on your account as a result of using your Payment Method at the Services, please inform us right once at https://support.fishernote.com.
Fees
You may be required to pay subscription fees to access some features of the Services. Subscription payments, as well as any applicable taxes, can be paid monthly or annually. All subscription payments must be paid in advance. When users switch from monthly to yearly subscriptions, the yearly prices will be applied at the start of the next billing date. You agree to pay the subscription fees as well as any other charges incurred in connection with your Fishernote account, whether one-time or on a recurring basis. Fishernote retains the right, with sufficient advance notice, to increase subscription rates, any applicable taxes, or to implement new fees at any time.
Auto-Renewal
Subscription fees will be collected automatically at the start of the monthly or yearly interval, as applicable. These fees will be automatically renewed until your subscription is lowered or terminated. Unless otherwise specified, your ongoing membership fee will be the same as your first payments. You have the ability to cancel your subscription at any time, as detailed below.
Grace Period
If you live outside the United States, you may be able to reconsider your decision and request a full refund within fourteen (14) days (the “Grace Period”), provided you haven’t logged in or otherwise claimed or begun using the Services as a subscriber during the Grace Period.
Subscription Cancellation
If you registered on Fishernote.com, you can cancel your subscription by going to your “Account” section and selecting “Cancel subscription.” If you registered on Google Play or iTunes, you can cancel your subscription by downgrading through the respective store. A subscription will be terminated at the conclusion of your current paying period. Following termination, your account will remain active with a free subscription. You can renew your subscription at any time without having to register a new account, even if the monthly fees have risen. You can deactivate your account at any time.
The trial period
Your subscription may begin with a free trial period. The free trial period for any subscription will be for the timeframe specified during registering. Free trials may not be combined with certain other offers, as mentioned. If you start your subscription with a free trial, we will begin billing your Payment Method for membership costs at the end of the free trial period unless you cancel your subscription before the end of the free trial period. When you sign up for a free trial, your Payment Method will be authorized for approximately one month of service. Your available amount or credit limit may be lowered in some situations to reflect the authorization; however, no charges will be made against the Payment Method until you cancel before the end of your complimentary trial period. You can cancel your subscription at any time by going to your account settings page.
Behaviour and Content Content
You possess the rights to the information, data, text, software, audio, photographs, graphics, video, messages, posts, tags, or other materials you make available through the Services (“Content”), whether publicly posted, privately transmitted, or submitted via a third-party API (e.g., an Instagram photograph). The Services’ public parts and routes are not considered Content. Without compensation, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, replicate, alter, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed. This license expires when you delete your Content or close your account.
You acknowledge that you, not Fishernote, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Services. Fishernote does not routinely inspect or monitor the Content uploaded by others on the Services and, as a result, cannot guarantee the correctness, reliability, or quality of such Content. Fishernote reserves the right, in its sole discretion, to examine, supervise, conceal, decline, or eliminate any Content, or to remove any Content that violates the Terms or is otherwise offensive. You acknowledge that by using the Services, you may come into contact with Content that is offensive, indecent, or objectionable. Fishernote shall not be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a consequence of using any Content made available through the Services. You agree to assume all risks associated with the use of any Content made available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand and agree that Fishernote is not responsible for, and does not endorse, any Content posted on the Services. If your Content violates these Terms, you may be held legally liable for that Content. Any Content between you and Fishernote will be non-confidential and non-proprietary, and we will not be accountable for its use or disclosure. You accept and agree that your relationship with Fishernote is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not put Fishernote in a position that differs from the position held by members of the general public, including with regard to your Content. Fishernote will not be obligated to keep your Content confidential in any way other than as set forth in our Privacy Policy, and Fishernote will not be accountable for any use or disclosure of any Content you supply. The Services may allow you to mark certain Content that you submit to the Services as private, public, or only visible to certain users of the Services. Fishernote will respect the privacy of such Content based on your preferences. However, if you do not mark your Content as private or available to a limited group, or later change such classification to allow such Content to be made accessible to anybody, you are liable for the content’s public nature. For more information on how to manage your privacy controls, please see our Privacy Policy.
You grant us permission to use your profile name, profile photo, and details about your activities and behaviors, including your use of third-party products, services, or devices, in advertising, offers, and other commercial settings on the Fishernote service without compensation to you. We may, for example, show your Fishernote followers that you use a specific gadget, product, or service offered by a brand that has paid us to display its adverts on Fishernote. You can change your settings to prevent your profile name and photo from displaying in ads.
Conduct
The Services are provided solely for your personal and noncommercial use. You are not permitted to modify, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any component of the Services, use of the Services, or access to Content for any commercial purpose. You are not permitted to use the Services, or to aid or encourage any other party to engage in the following Prohibited Activities:
1. Using the Fishernote Services to check their availability, performance, or functionality;
2. Any portion of the Fishernote Services may not be copied, framed, or duplicated.
3. Permitting any other party to use the Fishernote Services;
4. Unless expressly permitted or required by law, and without providing prior written notice to Fishernote, using, copying, modifying, creating derivative works of, reverse engineering, decompiling, or attempting to extract the source code of the software underlying the Fishernote Services or any part thereof;
5. Publishing, transmitting, distributing, or storing content, material, information, or data that: (1) violates the law, is obscene, defamatory, threatening, harassing, abusive, or promotes violence; (2) harms or interferes with the Fishernote Services or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, and so on); or (3) infringes, dilutes, misappropriates,
6. Attempting to disrupt, degrade, impair, or compromise the integrity or security of the Fishernote Services or any other party’s computers, services, accounts, or networks (including, but not limited to, hacking, denial of service attacks, and so on), including any activity that typically precedes security breaches such as scanning, probing, or other vulnerability assessment activities, or engaging in or permitting any network or hosting activity that results in the blacklisting of the Fishernote Services.
7. Engaging in any conduct that could endanger kids;
8. avoiding payment of costs or fees incurred as a result of using the Fishernote Services;
9. Distributing or exposing any aspect of the Fishernote Services via any method, including automatic or manual scraping;
10. Using any automated system, including but not limited to robots, spiders, offline readers, and so on, to access the Fishernote Services in a way that sends more request messages to Fishernote than a human could reasonably create in the same amount of time using a regular web browser;
11. Collecting or harvesting any information relating to an identified or identifiable individual from the Fishernote Services, including account names and information about Fishernote Services users;
12. Taking any activity that, in our sole judgement, places or threatens to place an unreasonable or disproportionately significant demand on our infrastructure;
13. Using any technology or means other than those provided or authorized by Fishernote to access any material on the Fishernote Services;
14. Using the Fishernote Services for any unsuitable commercial solicitation;
15. Except as required for the registration and maintenance of your account, you may not provide personally identifying information to Fishernote Services or Fishernote.
16. Submitting any information to the Fishernote Services or Fishernote that is legally protected from disclosure.
17. Avoiding any means we may put in place to prevent or limit access to the Fishernote Services, such as features that prohibit the use or copying of any content or impose limitations on the use of the Fishernote Services or its content;
18. Violation of any applicable laws, statutes, ordinances, or regulations, or encouragement of any action that could result in a criminal offense or civil responsibility;
19. removing any notices of copyright, trademark, or other property rights present within the Fishernote Services;
20. Engaging in network monitoring, such as using a network analyzer, packet sniffer, or any other technology to intercept, decode, mine, or display packets used to connect between the Fishernote Services’ servers, or accessing data not intended for you.
You are permitted a limited, non-exclusive permission to build a non-commercial text hyperlink to the Fishernote Services. This link, however, must not portray Fishernote or any of its products or services in a false, misleading, disparaging, or defamatory light. Furthermore, no pornographic, unlawful, offensive, harassing, or disagreeable information may be found on the connecting site. You are also allowed the right to utilize any RSS feeds available on the Fishernote Services for personal, non-commercial purposes, precisely in accordance with the Services’ description. We have the right to cancel these rights at any time and without warning, including specific URLs or RSS feeds.
You acknowledge that certain Fishernote Services may necessitate the acquisition of third-party equipment or materials (for example, GPS systems). While Fishernote may recommend certain third-party vendors for such equipment or materials, we are not responsible for their purchase or use. We can not guarantee that third-party equipment or materials will work properly or be error-free with the Fishernote Services.
You acknowledge that you are solely responsible for any charges incurred as a result of sending communications using your device. You recognize and affirm that you have the right to communicate with your contacts via the Fishernote Services by using the Services.
You represent and warrant that: (i) you have the necessary authorization to create an account on your own or on behalf of an organization; (ii) you own the Content you post on or through the Fishernote Services or have obtained the appropriate rights and licenses to grant the rights and licenses specified in these Terms; and (iii) posting and using your Content on or through the Fishernote Services will not violate, misappropriate, or infringe upon the rig
Users’ Interactions
The Fishernote Services act as a platform for users to connect in a virtual information area. Fishernote, as a neutral facilitator, is not directly involved in the conversations between users of the Services. As a result, Fishernote has no responsibility for the accuracy, quality, legality, or safety of user postings on the Services. Fishernote is not responsible for validating users’ identities, qualifications, backgrounds, or talents. It is your duty to use common sense and good judgment while interacting with other Fishernote Services users. Fishernote may need you to supply contact information if you choose to utilize our features to educate your contacts about the Fishernote Services, or share your information with others. Fishernote may contact your friend through email or text message only once. You represent that you have the authority to provide third-party contact information to Fishernote and that Fishernote may process the information in compliance with the Privacy Policy.
Professional and Verified Users
Fishernote may choose to authenticate your Fishernote account and highlight your professional or verified status if you are a professional angler or have a verified status. Fishernote users who have been verified as professional anglers will enjoy special privileges. Fishernote retains the right, at any time, to withdraw your verified status, as well as to amend or terminate any associated advantages.
Third Parties
Third-party products and services made available through the Fishernote Services are offered directly by the third parties. When you engage in or purchase such items or services, you accept that you are entering into a direct contract with a third party rather than with Fishernote. Payment, delivery, and any other agreements with third parties are completely between you and the third party. You are not required to use or do business with any third party found on the Fishernote Services. YOU AGREE THAT FISHERNOTE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND RESULTING FROM YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS ACCESSIBLE VIA THE SERVICES.
Fishernote Services may include connections to third-party or Fishernote-provided external websites or resources. Fishernote does not support and accepts no responsibility or liability for any content, information, advertising, goods, or materials located on or accessible through such external sites or resources. You understand and accept that Fishernote is not responsible for the accessibility of these third-party websites or resources.
Communications
Fishernote’s Services allow you to post or send messages to message boards or chat rooms, communicate via internet voice channels, or send similar messages and communications to third-party service providers, advertisers, personal connections, other users, and/or Fishernote. You agree to use the communication modes available on the Services only to submit communications and materials related to the topic for which Fishernote has made the communication method available. Furthermore, you accept that all of your communications will be considered your Content, governed by these Terms and relevant law (including rules governing direct marketing communications, to which you must conform as applicable). By using the Services’ communication modes, you acknowledge that (a) all communication methods are public, not private, modes of interaction between you and the other party or parties, (b) communications with third-party service providers, advertisers, or other third parties are not endorsed, sponsored, or approved by Fishernote (unless explicitly declared by Fishernote), and (c) communications are not systematically pre-reviewed, post-reviewed, or reviewed. You agree that all notifications, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
Ownership Rights
You understand and agree that the Services, any essential software used in conjunction with the Services (if any), any collected data based on Content on the Services, and any Content accessible or made available on the Services contain proprietary and confidential information protected by applicable intellectual property and other laws. Unless expressly permitted by applicable law or authorized by Fishernote or applicable third-party service providers or advertisers, you agree not to modify, lease, rent, lend, sell, distribute, or create derivative works based on the Services, the software, or the Content available on the Services (excluding any Content that you may submit), in whole or in part.
Fishernote grants you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services, provided that you do not (and do not permit any third party to) duplicate, alter, create a derivative work from, reverse engineer, disassemble, or otherwise attempt to discover any source code, sell, assign, sublicense, pledge a security interest in, or otherwise transfer any right in the Services, unless otherwise specified. You agree not to use any means other than those given by Fishernote to access the Services.
The term FISHERNOTE, the Fishernote logo, and other Fishernote logos, product, and service names are Fishernote’s unique trademarks, and you are not permitted to use or display such trademarks without Fishernote’s prior written approval. Third-party trademarks or service marks shown on the Services are the property of their respective owners.
Fishernote retains all rights not expressly granted in these Terms.
Notification of Copyright Infringement
Digital Millennium Copyright Act (DMCA)
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond expeditiously to any notice that any content posted on our website infringes the copyright rights of others. All claims of copyright infringement will be investigated, and appropriate action will be taken, including but not limited to removal of the infringing content and termination of user access, if applicable.
Notification of Copyright Infringement
If you believe in good faith that materials hosted on the website infringe your copyright, you (or your agent) may send us a DMCA Take Down Notice (“Takedown Notice”) requesting that the material be removed, or access to it blocked.
The Takedown Notice should be sent to our Designated Copyright Agent at the contact information below:
The Takedown Notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single Takedown Notice, a representative list of such works);
3. Identification of the material that is claimed to be infringing, or the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material on the website;
4. Information reasonably sufficient to permit us to contact you, including without limitation, your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Takedown Notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages if you file a false Takedown Notice. You should consult with an attorney before sending a Takedown Notice to determine your rights and obligations.
If we remove or disable content or access to content in response to a Takedown Notice, we will make a good faith attempt to contact the provider of the alleged infringing content so that they may make a counter notification. We will keep a record of Takedown Notices provided by you and any subsequent action taken.
Counter Notification of Copyright Infringement
If you believe content you posted was removed in error pursuant to a Takedown Notice, you may send a notice (a “Counter Notification”) to our Designated Agent at the contact information provided below.
To file a Counter Notification, you must send us the following information in writing:
1. Your full name, address, telephone number, and e-mail address;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled;”
4. Include a statement that you: (1) consent to the jurisdiction of the Federal District Court for the jurisdiction in which your address is located, or the jurisdiction of the courts in King County, Washington, if you are located outside of the United States, and (2) will accept service of process from the person who provided the initial Takedown Notice, or its agent; and
5. Sign the Counter Notification if sent by mail or type your name or attach a digital signature if sent by email.
Fishernote may forward your Counter Notification, including your personal information contained in the Counter Notification, to the party who submitted the initial Takedown Notice. By submitting a Counter Notification, you consent to the use of your information in this manner. We will not forward the Counter Notification to any party other than the author of the initial Takedown Notice unless required by law.
After we send the Counter Notification, the author of the initial Takedown Notice must respond to us within ten (10) business days stating it has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content on our website. If the author of the initial Takedown Notice does not respond within ten (10) days, your content will be reposted.
Please note that you may be liable to Fishernote for damages if you file a false Counter Notification. You should consult with an attorney before sending us a Counter Notification to determine your rights and obligations.
Copyright Agent address
Fishernote LTD Copyright Department, Naomi Shemer 3, Holon, 5845995, Israel
Feedbacks
We encourage your comments, feedbacks, recommendations, and other messages regarding the Services and the information and services we provide through them (collectively, “Insights”). If you share your thoughts, suggestions, feedback, or any other forms of communication about the platform and the services we provide through it (collectively referred to as “feedbacks “), you grant Fishernote a global, non-exclusive, transferable, assignable, sublicensable, perpetual, irrevocable, royalty-free right to replicate, disseminate, generate derivative works of, publicly present and execute, and otherwise use such Insights. Furthermore, this right includes the ability to create, have created, advertise, sell, import, and export items and services based on these Insights. As a result, we strongly advise you to refrain from providing Fishernote with any Insights that you do not desire to license to us, as specified above.
Warranties and Liability Exclusion
YOU ACCESS THE DATA, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES “AS IS” AND WITHOUT WARRANTY. FISHERNOTE ALONG WITH ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES REGARDING SUCH DATA, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND TERMS OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC USE, OWNERSHIP AND NON-INFRINGEMENT. FISHERNOTE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE ACCESSIBLE OR THE SERVICE WILL BE CONTINUOUS, PROMPT, SECURE OR ERROR-FREE;
YOU UNDERSTAND THAT FISHERNOTE DOES NOT PROVIDE MEDICAL ADVICE THROUGH THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, IMAGES, ILLUSTRATIONS, AUDIO, VIDEO AND AUDIO-VISUAL CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, CONTACT OR SEE YOUR DOCTOR OR ANOTHER HEALTHCARE PROVIDER IMMEDIATELY. IN THE EVENT OF A CRISIS, CONTACT YOUR DOCTOR OR 911 IMMEDIATELY.
YOU SHOULD NEVER IGNORE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT ESTABLISH OR CONSTITUTE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FISHERNOTE.
YOU EXPRESSLY AGREE THAT YOUR OUTDOOR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO FISHING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU WILLINGLY ASSUME ALL KNOWN AND UNKNOWN YOU UNDERSTAND AND AGREE THAT FISHERNOTE ASSUMES NO RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR COORDINATION OF ANY COMPETITION, CONTEST, CHALLENGE, OR GROUP EVENT THAT USES THE SERVICES, INCLUDING THOSE MANAGED BY A CLUB ADMINISTRATOR.
YOU CLEARLY AGREE TO EXEMPT FISHERNOTE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, AGENTS, REPRESENTATIVES, STAFF, PARTNERS AND LICENSORS (HEREIN “RELEASED PARTIES”) FROM ALL LIABILITY RELATED TO YOUR OUTDOOR ACTIVITIES AND/OR USAGE OF THE FISHERNOTE WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES, OR PRODUCTS, AND VOW NOT TO TAKE LEGAL ACTION AGAINST THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USAGE. YOU FURTHER AGREE THAT THE RELEASED PARTIES SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREA
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN ACCEPTING THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY FORGO THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH STATES: “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.”
FISHERNOTE DOES NOT SUPPORT YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DENIES ANY RESPONSIBILITY OR LIABILITY TO ANY INDIVIDUAL OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR NATURE ARISING FROM OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM COMBINED LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES YOU PAID TO FISHERNOTE IN THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM. IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU HARM THROUGH OUR BREACH OR FAILURE TO FULFILL OUR LEGAL DUTIES, OR THROUGH OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTARY REMEDIES.
Indemnification
You consent to indemnify and safeguard Fishernote and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors against any claim or demand, including reasonable attorneys’ fees, established by any third party due to or emerging from Content you submit, post, transmit or otherwise aim to make available through the Services, your utilization of the Services, your activities which produce the Content you post or aim to post on the Services (including, but not limited to, activities linked to any contests, challenges, group activities, or other events which Fishernote sponsors, organizes, partakes in, or whose Services are utilized in connection with), your connectivity to the Services, your breach of the Terms, your violation of any data protection or privacy laws, or your infringement of any rights of another person or entity. Your rights in relation to Fishernote are not altered by the above indemnification if the laws of your country of residence, relevant due to your usage of our Services, prohibit it.
Resolution of Disputes
Arbitration
The parties shall devote their best efforts to resolve any dispute, claim, question, or disagreement directly via sincere negotiations, which shall be a prerequisite to either party initiating a lawsuit or arbitration. Except for disputes related to Fishernote’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you decide to opt out of this agreement to arbitrate, all disputes stemming from or related to this Agreement and your use of the Services shall be conclusively settled by binding arbitration overseen by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have sole authority to resolve all disputes emerging from or related to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is null or voidable. The arbitrator shall be permitted to grant whatever relief would be available in a court; however, the arbitrator shall not have the authority to award damages, remedies, or awards that contradict this Agreement. The arbitrator’s decision will be binding on the parties and may be submitted as a judgment in any court of competent jurisdiction. To the extent the arbitration filing fee surpasses the cost of filing a lawsuit, Fishernote will cover the additional cost. Both you and Fishernote unequivocally renounce trial by jury. You also consent not to partake in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Fishernote is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who reside in the European Union.
The parties recognize that, in the absence of this mandatory provision, they would have the right to sue in court and have a jury trial; they also recognize that, in some cases, the costs of arbitration may exceed the costs of litigation, and that the right to discovery may be more limited in arbitration than in court.
Waiver of Class Action
Should any court or arbitrator rule the class-action waiver in this section null and void or unenforceable for any reason, or determine that an arbitration can be conducted on a class basis, the preceding arbitration clause shall be considered null and void in its entirety, and the parties shall be considered to have not consented.
Exception: Small Claims Court Claims Litigation
Despite the mutual agreement to resolve all problems through arbitration, either party may seek remedy in a small claims court for disputes or claims falling within that court’s jurisdiction.
Opt-Out Period of Thirty Days
You have the right to reject and not be bound by the arbitration and class-action-waiver clauses described in this section by sending written notice to the following address: Fishernote LTD Legal Department, Naomi Shemer 3, Holon, 5845995, Israel. The notice must be sent within 30 days of beginning use of the Services; otherwise, you are required to resolve disputes in accordance with these Terms.
Fishernote will not be bound by these arbitration clauses if you choose to reject them. In addition, Fishernote may terminate your access to the Services if you choose to reject these arbitration clauses.
Claims Have a Time Limit
You agree that any claim arising out of or relating to your relationship with Fishernote and these Terms must be filed within one year of the claim’s occurrence; otherwise, your claim is forever barred.
Selection of Law and Forum
Any action relating to these Terms, Content, the Services, and your relationship with Fishernote shall be governed by, interpreted, and construed under the laws of the State of Israel, disregarding its conflict of laws principles, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section titled “Dispute Resolution”, the parties irrevocably agree to initiate any action to enforce this Agreement in the courts within state of Israel and you concede to the exclusive jurisdiction of these courts. If any party herein initiates any lawsuit or action against another for relief, declaratory or otherwise, based on these Terms, the prevailing party will be entitled to recover from the other party, in addition to all court costs and disbursements, such sum as the court may deem reasonable as attorneys’ fees. Except to the extent disallowed by applicable law, the parties concur that any claim or cause of action emerging out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be eternally barred.
Cancellation
You consent to Fishernote having the ability, under certain severe conditions and without prior warning, to instantly suspend or cease your account and/or access to the Services. Grounds for such suspension or cessation include, but are not restricted to, (a) infractions or breaches of the Terms or other included agreements, policies, or guidelines, (b) orders by law enforcement or other governmental bodies, (c) a request by you (voluntary account cancellations), (d) cessation or substantial alteration to the Services (or any part thereof), (e) unforeseen technical or security concerns or complications, (f) prolonged periods of inactivity, and/or (g) failure to pay any fees due by you in association with the Services. Cancellation of your account may involve (x) revoking access to all features within the Services, (y) erasure of your data, files and Content related to your account, and (z) prohibition of future use of the Services. Furthermore, you consent that all suspensions or terminations for cause shall be executed at Fishernote’s exclusive discretion, and Fishernote will not be accountable to you or any third party for any suspension or cessation of your account or access to the Services.
General Provisions
You consent that no cooperative venture, partnership, joint control, employment, or agency relationship is formed between you and Fishernote by virtue of these Terms or your use of the Services. The Terms constitute the entirety of the agreement between you and Fishernote regarding your use of the Services. The failure of Fishernote to exercise or apply any right or provision of the Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is deemed invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision, and the remaining provisions of these Terms remain in full force and effect. You may not assign, delegate, or otherwise transmit your account or your obligations under these Terms without Fishernote’s prior written consent. Fishernote reserves the right, at its sole discretion, to assign or transfer any or all of its rights under these Terms and may use third-party contractors to fulfill its responsibilities and obligations under these Terms and in connection with the Services. Fishernote’s notice to you via email, ordinary mail, or notices, postings, or links on the Services shall be deemed sufficient notice in accordance with the Terms. A printed version of the Terms and of any notice given in electronic format shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. The section titles and headings in these Terms are merely for convenience and have no legal or contractual significance. Any rights not expressly granted in this document are reserved.
Adjustment of the Terms and Services
Certain aspects of these Terms may be amplified or replaced by explicitly defined legal notices or conditions found on specific pages within the Services. Fishernote retains the right to amend these Terms for any reason and at any time at its absolute discretion. Fishernote will inform you about any significant alterations to the Terms or to any service or other functionalities of the Services. By persisting in accessing or using the Services following the provision of notification regarding an alteration, you consent to be bound by the adjusted Terms. If the adjusted Terms are unacceptable to you, your sole option is to discontinue your use of the Services.
Fishernote and its third-party service associates may initiate enhancements and/or modifications in the Services, products, services, mobile applications, functionalities, programs, and prices at any time and for any reason within their absolute discretion. The mobile application may initiate the download and installation of advancements, updates, and supplementary features to improve, enhance, and continue the development of the Services. Fishernote retains the authority at any moment to alter or cease, temporarily or permanently, the Services or any component of them with or without prior notice. You concur that Fishernote shall bear no responsibility to you or any third party for any changes, suspension, or discontinuation of the Services.
Inquiries & Support
Any questions about the Services or these Terms should be sent to https://support.fishernote.com.
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