Thank you for visiting our website or using our app. This website is owned and operated by FishVerify, LLC . By accessing and/or using this website and FishVerify app and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. In these Terms, ‘us’, ‘we’ and ‘our’ means FishVerify and our related bodies corporate.

Date of Last Revision: September, 2017.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement”) derives from the FishVerify Privacy Policy, and governs our relationship with users and others who interact with FishVerify. By using or accessing FishVerify, you agree to this Statement. “FishVerify” means FishVerify, LLC. d/b/a FishVerify or www.fishverify.com, whose principal place of business is at 8369 NW 66 ST #A4257, Miami, FL 33166, United States.

  1. Definitions
    1. By “active registered user” we mean a user who has logged into the FishVerify website at least once in the previous 30 days.
    2. By “application” we mean any application or website that uses or accesses www.fishverify.com, as well as anything else that receives or has received data from us. If you no longer access www.fishverify.com but have not deleted all data from us, the term application will apply until you delete the data.
    3. By “content” we mean anything you post on the FishVerify website that would not be included in the definition of “information.”
    4. By “data” we mean content and information that third parties can retrieve from FishVerify or provide to FishVerify through www.fishverify.com.
    5. By “FishVerify” we mean (a) FishVerify, LLC. d/b/a FishVerify or www.fishverify.com, (b) our website at www.fishverify.com and any other FishVerify navbar-branded or co-navbar-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) www.fishverify.com; and (d) social plugins, or networks now existing or later developed.
    6. By “information” we mean facts and other information about you, including actions you take.
    7. By “Orders” we mean financial transactions between you and www.fishverify.com for a service or good
    8. By “post” we mean post on the FishVerify website or otherwise make available to us (such as by using an application).
    9. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  2. Registration and Account Security

 

You must be a registered member to access certain features of our app and website. When you register and activate your account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

    1. FishVerify 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:
    2. You will not provide any false personal information on FishVerify, or create an account for anyone other than yourself without permission.
    3. You will not create more than one personal profile.
    4. If we disable your account, you will not create another one without our permission.
    5. You will not use your personal profile for your own commercial gain.
    6. You will not use FishVerify if you are under 13.
    7. You will not use FishVerify if you are a convicted sex offender.
    8. You will keep your contact information accurate and up-to-date.
    9. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    10. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
    11. 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).
  1. Termination
    1. 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 FishVerify 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 FishVerify site and services available to you shall terminate.
  2. Mobile
    1. Please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on FishVerify within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
    3. 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 FishVerify, as well as your name and profile picture.
  3. Special Provisions Applicable to Share Links
    1. If you include our Share Link button on your website, the following additional terms apply to you:
    2. We give you permission to use FishVerify’s Share Link button so that users can post links or content from your website on FishVerify.
    3. You give us permission to use and allow others to use such links and content on FishVerify.
  4. Protecting Other People’s Rights
    1. We respect other people’s rights, and expect you to do the same.
    2. You will not post content or take any action on FishVerify that infringes or violates someone else’s rights or otherwise violates the law.
    3. We can remove any content or information you post on FishVerify if we believe that it violates this Statement.
    4. 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.
    5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or trademarks (including FishVerify and the FishVerify Logos), or any confusingly similar marks, without our written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not FishVerify) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    8. You will not post anyone’s identification documents or sensitive financial information on FishVerify.
    9. No Solicitation is allowed on FishVerify. FishVerify, Inc. reserves the right to delete and content or use accounts at their discretion.
  5. Privacy
    1. privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use FishVerify 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.
  6. Sharing Your Content and Information
    1. You own all of the content and information you post on FishVerify, and you can control how it is shared through your privacy settings. In addition:
    2. 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 FishVerify (“IP License”).
    3. 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.
    4. When you publish content or information using the “everyone” setting, it means that you are allowing everyone, including people off of FishVerify, to access and use that information, and to associate it with you (i.e., your name and profile picture).
    5. We always appreciate your feedback or other suggestions about FishVerify, but you understand that we may use them without any obligation to recognize or compensate you for them (just as you have no obligation to offer them).
  7. Safety
    1. We do our best to keep FishVerify safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    2. You will not send or otherwise post unauthorized commercial communications (such as spam) on FishVerify.
    3. You will not collect users’ content or information, or otherwise access FishVerify, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    4. You will not engage in unlawful multi-level marketing on FishVerify.
    5. You will not upload viruses or other malicious code.
    6. You will not solicit login information or access a FishVerify account belonging to someone else.
    7. You will not bully, intimidate, or harass any FishVerify user.
    8. You will not post content on FishVerify that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    9. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
    10. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on FishVerify without our prior written consent. If we consent, you take full responsibility for the promotions all applicable laws.
    11. You will not use FishVerify to do anything unlawful, misleading, malicious, or discriminatory.
    12. You will not do anything that could disable, overburden, or impair the proper working of FishVerify, such as a denial of service attack.
    13. You will not facilitate or encourage any violations of this Statement.
  8. Payments
    1. If you make a payment on FishVerify, you agree to our Payments Terms.
  9. Disputes
    1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or FishVerify exclusively in a state or federal court located in Miami-Dade County. The laws of the State of Florida 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 Miami-Dade County, Florida for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on FishVerify, 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.
    3. WE TRY TO KEEP FISHVERIFY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FISHVERIFY “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 FISHVERIFY WILL BE SAFE OR SECURE. FISHVERIFY 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 §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR POSTING OR VIEWING OF, OR RESPONSE TO, CONTENT OR ADVERTISING, OR OTHER USE OF THE FISHVERIFY 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 FISHVERIFY 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, FISHVERIFY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  1. Indemnification
    1. You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
      1. any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
      2. your use or misuse of or access to the Site or the FishVerify App;
      3. your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
      4. any claim that you have caused damage to a third party.
    2. The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defense of these claims.
  2. General Terms
    1. Grievance Redressal
      1. Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to support@fishverify.com or Jason Randall (“Grievance Officer”)
 FishVerify, LLC.
 8369 NW 66 ST #A4257, Miami, FL 33166, United States
    2. Notice of Copyright Infringement: 
      1. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
      2. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
      3. Identification of the copyrighted work claimed to have been infringed.
      4. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
      5. The address, telephone number or e-mail address of the complaining party.
      6. A statement that the complaining party has 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.
      7. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
      8. All notices of copyright infringement should be sent to   support@fishverify.com or Jason Randall FishVerify, LLC. 8369 NW 66 ST #A4257, Miami, FL 33166, United States.
    3. Relationship 
      1. None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
    4. Assignment 
      1. You may not transfer to anyone else, either temporarily or permanently, any rights to use FishVerify or any part of the FishVerify App. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
    5. Force Majeure 
      1. Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
    6. Applicable Law 
      1. These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of state or federal court located in Miami-Dade County, Florida.
    7. Limited Time To Bring Your Claim 
      1. You and the Company agree that any cause of action arising out of or related to use of the Site or the FishVerify App must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
    8. Survival 
      1. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
    9. Non Waiver 
      1. Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
    10. Disclaimer 
      1. Regulation information is provided as a guide to recreational fishing laws and regulations for certain saltwater and freshwater species. FishVerify, LLC. assumes no liability for any errors that occur within our website or the FishVerify App.
    11. Entire Agreement These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  1. About Advertisements and Other Commercial Content Served or Enhanced by FishVerify
    1. 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:
    2. You give us permission to use your name and profile picture in connection with all content that you submit to FishVerify, subject to the limits you place.
    3. We do not give your content or information to advertisers without your consent.
    4. You understand that we may not always identify paid services and communications as such.
  2. Special Provisions Applicable to Advertisers
    1. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our advertising agreement.
    2. We will determine the size, placement, and positioning of your ads.
    3. We do not guarantee the response that your ads will receive, such as the number of clicks you will get.
    4. 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.
    5. 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.
    6. We can use your ads and related content and information for marketing or promotional purposes.
    7. You will not issue any press release or make public statements about your relationship with FishVerify without our written permission.
    8. We may reject or remove any ad for any reason.
  3. Special Provisions Applicable to Users Outside the United States
    1. 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:
    2. You consent to having your personal data transferred to and processed in the United States.
    3. 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 FishVerify (such as advertising or payments) or operate a Platform application or website.
  4. Other
    1. 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 FishVerify, LLC. References to “us,” “we,” and “our” mean FishVerify, LLC., d/b/a FishVerify or FishVerify.com.
    2. This Statement makes up the entire agreement between the parties regarding FishVerify, and supersedes any and all prior agreements, whether oral or written.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. 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.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. You will comply with all applicable laws when using or accessing FishVerify.
  5. Mapping
    1. Mapping displayed on FishVerify is not intended for navigation,
    2. 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 FishVerify, LLC.
    3. 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. FishVerify, LLC. reserves the right to permanently delete any and all offending users’ accounts.
  1. Free Trial
    1. You will be offered a free 7 day trial period at the start of your registration of FishVerify, solely at the discretion of the Company. The duration and the terms of the free trial period shall be at the discretion of the Company and shall be specified during sign up. Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc.
  2. In-app purchases
    1. Subscriptions on our App and website
      1. Any times or dates stated on our Website are estimates only and FishVerify does not accept liability for any failure with regard to dates or time.
      2. The price of any of the Subscriptions is the price in force at the date and time of viewing. We may change the price of any Subscription displayed on our Website at any time.
      3. You undertake that all details you provide to us which we may offer on our Website will be correct.
      4. Our Website contains multiple subscription options, and it is always possible that, despite our best efforts, some of the Subscriptions listed on our Website if priced, may be incorrectly priced.
    2. Buying in-app purchases (IAP) in our iOS app
      1. This app includes an in-app purchase subscription. Certain premium features are only available to subscribed users.
        1. Free Features: Search Fish Rules & Regulations Manually
        2. Subscription/ Premium Features: Image Recognition to Identify Species, Digital Catch Log with GPS location data and local weather information.
      2. Three types of subscriptions are available:
          1. Weekly subscription (Price $ 9.99) – Non-renewing
          2. Monthly subscription (Price $ 19.99) – Auto-renewing
            1. This monthly subscription. This subscription will auto renew.
          3. Yearly subscription (Price $ 39.99) – Auto-renewing
            1. This is a yearly subscription. This subscription will auto renew.
          4. Subscription Details:
            1. Continue subscribing to FishVerify to access all premium features. Payment will be charged to your iTunes Account at confirmation of purchase Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
            2. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
            3. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
            4. You can refer to our privacy policy
            5. Payment will be charged to your iTunes Account and will automatically renew each month/year within 24 hours of your subscription ending. You may cancel anytime by turning off auto renewal in your iTunes Account settings.

Copyright Notice © FishVerify, LLC. 2017. All Rights reserved. 
This disclaimer/terms of service notification are subject to change without notice.