Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on September 15, 2008.

This Terms of Use Agreement sets forth the standards of use of the BassFishin.com Website and Online Service, owned and operated by BassFishin.Com, LLC ("BassFishin.Com"), a Maryland Limited Liability Company. By using the BassFishin.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the BassFishin.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

BassFishin.Com may offer to make available various content and services as detailed more elaborately on the BassFishin.Com Website. Services will include, but will not be limited to, any content and service BassFishin.Com performs for you, as well as providing any items displayed or transmitted on BassFishin.Com, including, but not limited to text, information, graphics, news, images, photographs, software, user comments, video clips, audio clips, illustrations and other data.

2. Disclaimer of Warranties.

The site is provided by BassFishin.Com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BassFishin.Com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BassFishin.Com shall have no liability for any interruptions in the use of this Website. BassFishin.Com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

BASSFISHIN.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BASSFISHIN.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BASSFISHIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold BassFishin.Com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneysí fees and costs, made by any third party due to or arising out of Memberís use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Memberís computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

BassFishin.Com reserves the right to modify or discontinue the Service with or without notice to the Member. BassFishin.Com shall not be liable to Member or any third party should BassFishin.Com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BassFishin.Com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-partiesí sites.

7. Governing Jurisdiction of the Courts of Maryland

Our website is operated and provided in the State of Maryland. As such, we are subject to the laws of the State of Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Maryland.

8. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including, but not limited to site design, text, graphics, logos, interfaces, video clips, audio clips, photographs, information, articles, software, illustrations and the selection and arrangements thereof is ©2008 BassFishin.com, with all rights reserved, or is the property of BassFishin.Com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BassFishin.Com is strictly prohibited. Registered Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BassFishin.Com.

Members agree to give BassFishin.Com LLC a royalty-free, perpetual non-exclusive, irrevocable license to publicly display, duplicate, transform, promulgate, publish, share and adapt any content which you submit and display throughout or on the BassFishin.Com website. Members agree this royalty-free license gives BassFishin.Com LLC the right to make publicly available all content to other organizations, companies or sole individuals whom have relationships with BassFishin.Com LLC for the reservation of syndicated services, and to utilize content in relation with the condition of those services.

All caption submissions by registered members within the Caption It!™ web pages become the property of BassFishin.Com immediately upon submission. Contestants of the Caption It!™ Contest agree to relinquish full ownership and intellectual property rights of their submitted captions and grant BassFishin.Com the right to use those captions in any form or manner, including but not limited to, promotional and editorial uses. BassFishin.Com reserves the right to use or not use the registered member's real name and/or username with a caption submitted by said member.

Members of BassFishin.Com also grant BassFishin.Com the right to use or display any images uploaded by the member within that member's online posts and contributions. These uploaded images may include, but are not limited to, headshots, photos of people fishing, boats and images with residential or commerical properties in plain sight.

BassFishin.Com™ and Caption It!™ are proprietary marks of BassFishin.com. BassFishin.Comís trademarks may not be used in connection with any product or service that is not provided by BassFishin.Com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BassFishin.Com.

All other trademarks displayed on BassFishin.Comís website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BassFishin.Com.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BassFishin.com designates the following point of contact as its agent for receipt of notifications of claimed copyright infringement.

Email: abuse@bassfishin.com

11. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BassFishin.Com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.




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