Terms of Use

User Agreement

The Agreement was last updated July 31 2016.

All use of the FishingYaks online Web pages (“FishingYaks.com”) is subject to the terms and conditions set forth below. By accessing and using any portion of FishingYaks.com or any service on FishingYaks.com, or registering on FishingYaks.com, you agree to accept the terms and conditions below. These terms and conditions represent a binding contract between you and FishingYaks.com. If you do not agree with any of these terms and conditions, please do not continue using FishingYaks.com. The terms “you” or “User” refer to the person who completed the registration process or any visitor to FishingYaks.com. FishingYaks.com reserves the right to change the terms of this Agreement. Change will be posted on the FishingYaks.com Web site at https://fishingyaks.com/terms-of-use . If any of these changes are unacceptable, please do not continue using FishingYaks.com. Use of FishingYaks.com following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

FishingYaks.com contains two types of content:

1) “FishingYaks.com’s Own Content” means information entered into FishingYaks.com by employees and authorized representatives of FishingYaks.com.

2) “Other Content” means any other information entered into FishingYaks.com by Users or other persons.

Use of FishingYaks.com

FISHINGYAKS.COM hereby grants you a non-exclusive, non-transferable license to access and use FishingYaks.com under the terms described in this Agreement. You agree that your use of FishingYaks.com is solely for personal, non-commercial purposes. If accessing content that requires registration, only one person at a time may access FishingYaks.com using the User’s screen name and password without the prior consent of FISHINGYAKS.COM. The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual article appearing in FishingYaks.com for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicated that FishingYaks.com is the source of the material. For all other uses, including press releases, please contact FishingYaks.com via e-mail:david@fishingyaks.com. for information or instructions. Fees are determined by the extent of use. In addition to any other use restrictions set forth in this Agreement, the User may not disseminate any portion of FishingYaks.com through electronic means, including mail lists or electronic bulletin boards, without the prior consent of FISHINGYAKS.COM. For use of any FishingYaks.com content in press releases or any electronic means.

Except as expressly permitted in this Agreement, Users may not be reproduced, transmitted, or distributed without FISHINGYAKS.COM’s permission. The User may not commingle any portion of FishingYaks.com with any other information and shall not edit, modify, or alter any portion. All of FishingYaks.com’s Own Content is the property of FishingYaks.com. The User shall honor all reasonable requests by FishingYaks.com to protect FishingYaks.com’ proprietary interests in FishingYaks.com.

In addition, User may not:

  1. use FishingYaks.com for any purpose that is prohibited by any law or regulation, or to
  2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of FishingYaks.com, any data or content found on or accessed through FishingYaks.com, or any other FishingYaks.com information without prior express written consent of FishingYaks.com;
  3. obtain or attempt to obtain through any means any materials or information on FishingYaks.com that has not been intentionally made publicly available either by public display on FishingYaks.com or through accessibility by a visible link on FishingYaks.com;
  4. violate any measure employed to limit or prevent access to FishingYaks.com or its content;
  5. violate the security of FishingYaks.com or attempt to gain unauthorized access to FishingYaks.com, data, materials, information, computer systems or networks connected to any server associated with FishingYaks.com, through hacking, password mining or any other means;
  6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
  7. interfere with, attempt to interfere with or otherwise disrupt the proper working of FishingYaks.com, any activities conducted on or through FishingYaks.com or any servers or networks connected to FishingYaks.com, including accessing any data, content or other information prior to the time that it is intended to be available to the public on FishingYaks.com;
  8. take or attempt any action that, in the sole discretion of FishingYaks.com, imposes or may impose an unreasonable or disproportionately large load or burden on FishingYaks.com or the infrastructure of FishingYaks.com;
  9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
  10. disobey any requirements, procedures, policies or regulations of networks connected to FishingYaks.com;
  11. use FishingYaks.com to stalk or harass another.

The User’s Content

The User grants to FishingYaks.com the non-exclusive right to use all material entered in FishingYaks.com by the User (other than third-party material transmitted through private electronic mail) in any of FishingYaks.com’s print or electronic publications.

Users entering material into FishingYaks.com are responsible for the content of that material. FishingYaks.com has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from FishingYaks.com. However, FishingYaks.com retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content, which FishingYaks.com deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.

You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through FishingYaks.com that:

  1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of FishingYaks.com, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
  2. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
  6. is harmful to minors.

If you see any violations of these terms and conditions on FishingYaks.com, please e-mail us at support@fishingyaks.com

The User agrees to indemnify FishingYaks.com from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which FishingYaks.com, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into FishingYaks.com with the use of the User’s screen name or password. FishingYaks.com reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify FishingYaks.com in which event the User shall have no further obligation to indemnify with respect to that particular matter.

NO WARRANTIES/LIMITATIONS ON LIABILITY

ALL THE INFORMATION CONTAINED IN FISHINGYAKS.COM IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. FISHINGYAKS.COM MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, FISHINGYAKS.COM IS FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER FISHINGYAKS.COM NOR FISHINGYAKS.COM NOR THEIR THIRD PART LICENSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING FISHINGYAKS.COM OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH FISHINGYAKS.COM. NEITHER FISHINGYAKS.COM NOR FISHINGYAKS.COM SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL FISHINGYAKS.COM NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF FISHINGYAKS.COM, USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST FISHINGYAKS.COM OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF FISHINGYAKS.COM SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO FISHINGYAKS.COM FOR USE OF FISHINGYAKS.COM DURING THE PREVIOUS TWELVE (12) MONTHS.

Registration

As part of the registration process, you must select a screen name and password and provide FishingYaks.com with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User’s access.

FishingYaks.com Term and Termination

FishingYaks.com shall have the right to immediately terminate this Agreement in the event of any breach by a User of this Agreement. FishingYaks.com may discontinue or change FishingYaks.com, or its availability to you, at any time.

If you believe your User name and password have been used to access FishingYaks.com without your authorization, please contact FishingYaks.com at: support@fishingyaks.com.

General

This Agreement constitutes the entire agreement between the parties relating to FishingYaks.com and supersedes any and all other agreements, oral or in writing, with respect to FishingYaks.com. The failure of FishingYaks.com to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida.

Disclaimer

We are doing our best to prepare the content of this site. However, DPA Services, LLC cannot warranty the expressions and suggestions of the contents, as well as its accuracy. In addition, to the extent permitted by the law, DPA Services, LLC shall not be responsible for any losses and/or damages due to the usage of the information on our website.

The links contained on our website may lead to external sites, which are provided for convenience only. Any information or statements that appeared in these sites are not sponsored, endorsed, or otherwise approved by our site. For these external sites, DPA Services, LLC cannot be held liable for the availability of, or the content located on or through it. Plus, any losses or damages occurred from using these contents or the internet generally.

 

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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