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Please read this Agreement carefully before accessing the Captain Jake's Fishing Adventures
Website. As a condition to and in consideration of receiving and
accessing the Captain Jake's Fishing Adventures Website, the
User agrees to be bound by the terms of this Agreement. Use of
or access to the Captain Jake's Fishing Adventures Website shall
constitute acceptance of and agreement to be bound by this
Agreement. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE
Captain Jake's Fishing Adventures WEBSITE.
If you have any questions about this Agreement, please contact
us.
Captain Jake's Fishing Adventures
Website Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between Captain Jake's Fishing Adventures
and any individual, corporation, association, agency, company,
or other entity who accesses or uses the Captain Jake's Fishing Adventures
Website (the "User" or "you").
The Captain Jake's Fishing Adventures
Website, which is provided without charge to you, is a World
Wide Web site on the Internet. The Captain Jake's Fishing Adventures
Website is owned and operated by Captain Jake's Fishing Adventures
The Captain Jake's Fishing Adventures Website contains or may
contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software,
photos, music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a
variety of forms that are generally accessible to Users,
including directories and databases.
1.
User Rights and Responsibilities
1.1
Access to the Captain Jake's Fishing Adventures Website.
You are responsible for providing all
hardware, software, telephone or other communications equipment
and/or service to connect to the Internet and access the Captain Jake's Fishing Adventures
Website and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in
connecting to the Internet and accessing the Captain Jake's Fishing Adventures
Website.
1.2
User Conduct.
You agree to access and use the Captain Jake's Fishing Adventures
Website only for lawful purposes. You are solely responsible for
the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of the Captain Jake's Fishing Adventures
Website, including any Interactive Area, (ii) the use of any
networks or other services connected to the Captain Jake's Fishing Adventures
Website, and (iii) the communications means by which you connect
your modem, computer, or other equipment to the Captain Jake's Fishing Adventures
Website. By accessing the Captain Jake's Fishing Adventures
Website, you agree that you will not:
(1) restrict or inhibit any other user
from using and enjoying the Interactive Features;
(2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national, or international law;
(3) post or transmit any information,
software, or other material which violates or infringes in the
rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission
from the owner or right holder.
(4) post or transmit any information,
software or other material which contains a virus or other
harmful component;
(5) alter, damage or delete any
Content or other communications that are not your own Content
or to otherwise interfere with the ability of others to access
the Captain Jake's Fishing Adventures Website;
(6) disrupt the normal flow of
communication in an Interactive Area;
(7) claim a relationship with or to
speak for any business, association, institution or other
organization for which you are not authorized to claim such a
relationship;
(8) violate any operating rule,
policy or guideline of your Internet access provider or online
service.
2.
Intellectual Property Rights
2.1
Captain Jake's Fishing Adventures Website content.
(a) You
acknowledge that Content on the Captain Jake's Fishing Adventures
Website is generally provided by the Captain Jake's Fishing Adventures
Website, individual contributors of Content
("Contributors"), third party licensees, and/or other
Users. You acknowledge that the Captain Jake's Fishing Adventures
Website permits access to Content that is protected by
copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are
valid and protected in all media existing now or later developed
and except as is explicitly provided below, your use of Content
shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that the Captain Jake's Fishing Adventures
Website owns a copyright in the "look and feel," i.e.,
the selection, coordination, arrangement and presentation of
such Content.
(b)
You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole or
in part, provided, however, that you may (i) make a reasonable
number of digital or other form of copies to permit your
computer hardware and software to access and view the Content,
(ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole or
in part, in hard copy or electronic form for internal use only.
Any permitted copies of Content must reproduce in an unmodified
form any notices contained in the Content, such as all
Intellectual Property Right notices, and an original source
attribution to "The Captain Jake's Fishing Adventures
Website" and its URL address. You acknowledge that the Captain Jake's Fishing Adventures
Website, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property
Rights by downloading or printing Content.
(c)
Some of the pictures found on this site have been taken from the
Internet. If you believe there are any photos or written
material which have copyrights that we are unaware of, please
contact us immediately so that we may remove them. Please give
us 72 hours to handle your request.
2.2
Content Provided by User.
You may
upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the Captain Jake's Fishing Adventures
Website only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on the Captain Jake's Fishing Adventures
Website, without restriction whatsoever. Any Content submitted
with the consent of a copyright owner other than you should
contain a phrase such as "Copyright owned by [name of
owner]; Used by Permission." By submitting Content to any
Interactive Area, you automatically grant and/or warrant that
the owner of such Content, whether it be You or a third party,
has expressly granted to the Captain Jake's Fishing Adventures
Website the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
sublicense, distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights
that may exist in such Content. You also permit the Captain Jake's Fishing Adventures
Website to sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to
such Content. You also permit any User to access, view, store
and reproduce the Content for personal use.
3.
Interactive Areas
You
acknowledge that the Captain Jake's Fishing Adventures Website
may include various interactive areas ("Interactive
Areas"), including but not limited to message boards &
chat. These Interactive Areas allow feedback to the Captain Jake's Fishing Adventures
Website and real-time interaction between users. You further
understand that the Captain Jake's Fishing Adventures Website
does not control the messages, information, or files delivered
to such Interactive Areas and that the Captain Jake's Fishing Adventures
Website may offer you and other Users the capability of creating
and managing an Interactive Area. However, neither the Captain Jake's Fishing Adventures
Website, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by
this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User, as
applicable. You recognize that the Captain Jake's Fishing Adventures
Website cannot, and does not intend to, screen communications in
advance. Moreover, because the Captain Jake's Fishing Adventures
Website encourages open and candid communication in the
Interactive Areas, the Captain Jake's Fishing Adventures Website
cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. The
Captain Jake's Fishing Adventures Website is not responsible for
screening, policing, editing, reviewing or monitoring any
Content in an Interactive Area. Notwithstanding the above, you
agree that the Captain Jake's Fishing Adventures Website has the
right to monitor any Interactive Area, from time to time and to
disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If
notified of Content that is alleged not to conform to this
Agreement, the Captain Jake's Fishing Adventures Website may
investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
The Captain Jake's Fishing Adventures Website reserves the right
to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any
Content, in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions of this
Agreement or any other standard, written Captain Jake's Fishing Adventures
Website policy in effect at that time, (ii) be harmful to the
rights of any User, the Captain Jake's Fishing Adventures
Website, or other third parties, (iii) violate applicable law,
or (iv) be otherwise objectionable.
4.
Termination
The
only right with respect to dissatisfaction with any policies,
guidelines, or practices of the Captain Jake's Fishing Adventures
Website in operating the Captain Jake's Fishing Adventures
Website, or any change in Content, is for you to discontinue
accessing the Captain Jake's Fishing Adventures Website. The Captain Jake's Fishing Adventures
Website may terminate or temporarily suspend your access to all
or any part of the Captain Jake's Fishing Adventures Website,
without notice, for conduct that the Captain Jake's Fishing Adventures
Website believes is a violation of this Agreement or any
policies or guidelines posted by the Captain Jake's Fishing Adventures
Website, or for other conduct which the Captain Jake's Fishing Adventures
Website believes, in its sole discretion, is harmful to the Captain Jake's Fishing Adventures
Website or other Users. The Captain Jake's Fishing Adventures
Website may discontinue operating the Captain Jake's Fishing Adventures
Website and terminate this Agreement without notice at any time
for any reason in its sole discretion. In the event of
termination, you are no longer authorized to access the Captain Jake's Fishing Adventures
Website, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from the Captain Jake's Fishing Adventures
Website, as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links. You understand that except for Content, products or
services expressly available at the Captain Jake's Fishing Adventures
Website, neither the Captain Jake's Fishing Adventures Website,
its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from the Captain Jake's Fishing Adventures
Website. All such Content, goods and services are made
accessible on the Internet by independent third parties and are
not part of the Captain Jake's Fishing Adventures Website or
controlled by the Captain Jake's Fishing Adventures Website. The
Captain Jake's Fishing Adventures Website neither endorses nor
is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services
available on any site linked to or from the Captain Jake's Fishing Adventures
Website, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk.
Neither the Captain Jake's Fishing Adventures Website, its
subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused by your use of
or reliance on any Content, goods or services available on any
site linked to or from the Captain Jake's Fishing Adventures
Website or your inability to access the Internet or any site
linked to or from the Captain Jake's Fishing Adventures Website.
5.2 Disclaimer of Warranties. Please
use your best judgment in evaluating all information contained
or opinions expressed on the Captain Jake's Fishing Adventures
Website. It is the policy of the Captain Jake's Fishing Adventures
Website not to endorse or oppose any opinion expressed by a User
or Content provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Captain Jake's Fishing Adventures
WEBSITE IS AT YOUR SOLE RISK. NEITHER THE Captain Jake's Fishing Adventures
WEBSITE NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
THE Captain Jake's Fishing Adventures WEBSITE OR ANY INTERNET
SITE LINKED TO OR FROM THE Captain Jake's Fishing Adventures
WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE Captain Jake's Fishing Adventures WEBSITE OR ANY INTERNET
SITE LINKED TO OR FROM THE Captain Jake's Fishing Adventures
WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY,
COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH THE Captain Jake's Fishing Adventures
WEBSITE OR ANY SITE LINKED TO OR FROM THE Captain Jake's Fishing Adventures
WEBSITE. THE Captain Jake's Fishing Adventures WEBSITE IS
PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO
CIRCUMSTANCES SHALL THE Captain Jake's Fishing Adventures
WEBSITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
THE Captain Jake's Fishing Adventures WEBSITE, OR ANY INTERNET
SITE LINKED TO OR FROM THE Captain Jake's Fishing Adventures
WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE
ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Captain Jake's Fishing Adventures
WEBSITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
ON THE CONTENT CONTAINED WITHIN THE Captain Jake's Fishing Adventures
WEBSITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED
TO OR FROM THE Captain Jake's Fishing Adventures WEBSITE. THE
CONTENT WITHIN THE Captain Jake's Fishing Adventures WEBSITE AND
THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Captain Jake's Fishing Adventures
WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
VERSIONS OF THE Captain Jake's Fishing Adventures WEBSITE AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Captain Jake's Fishing Adventures
WEBSITE AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT THE Captain Jake's Fishing Adventures WEBSITE IS NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Captain Jake's Fishing Adventures
WEBSITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Captain Jake's Fishing Adventures
WEBSITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Captain Jake's Fishing Adventures
WEBSITE.
6.
Indemnity
You
agree to indemnify and hold the Captain Jake's Fishing Adventures
Website, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees,
and agents from any and all liabilities, claims and expenses,
including reasonable attorneys fees, arising from breach of this
Agreement, any other policy, your use or access of the Captain Jake's Fishing Adventures
Website or any Internet site linked to or from the Captain Jake's Fishing Adventures
Website, or in connection with the transmission of any Content
on the Captain Jake's Fishing Adventures Website.
7.
Miscellaneous
This
Agreement comprises the entire agreement between Captain Jake's Fishing Adventures
and you, and supersedes any prior agreements with respect to the
subject matter herein. Captain Jake's Fishing Adventures may
revise this Agreement or any other policy at any time and from
time to time, and such revision shall be effective two (2) days
upon posting notice of such revision prominently on the Captain Jake's Fishing Adventures
Website. You agree to review this Agreement periodically to be
aware of such revisions. If any such revision is unacceptable to
you, you must discontinue accessing the Captain Jake's Fishing Adventures
Website. Your continued accessing and use of the Captain Jake's Fishing Adventures
Website following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If any provision of
this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance
with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions
will continue in full force and effect. The failure of Captain Jake's Fishing Adventures
to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any
provision or right. This Agreement shall be governed by the laws
of California, Los Angeles county, excluding its conflict of
laws rules, and you and Captain Jake's Fishing Adventures each
submit to the exclusive jurisdiction of the courts of that state
or province. This Agreement is personal to you and you may not
assign your rights or obligations thereunder to anyone. All
logos, brand names, products, trademarks and service marks
appearing herein may be the trademarks or service marks of their
respective owners. References to any trademark, service mark and
links to or from the Captain Jake's Fishing Adventures Website
have been done strictly for clarification and identification and
does not constitute endorsement by the Captain Jake's Fishing Adventures
Website of the products, services or information offered by the
owner of such trademark, service mark or link or endorsement of
the Captain Jake's Fishing Adventures Website by such trademark,
service mark or link owner.
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