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Fishermanslog.com Online
Standard Terms and Conditions
PLEASE READ
VERY CAREFULLY THESE TERMS AND CONDITIONS AND
THE FAQ BEFORE REGISTERING FOR THE FISHERMANSLOG.COM
ONLINE PROGRAM. PARTICIPATION IN THE FISHERMANSLOG.COM
ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE
TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR
THE FISHERMANSLOG.COM ONLINE PROGRAM.
Introduction. This agreement ("Agreement")
between You and Fishermanslog.com Inc. ("Fishermanslog.com")
consists of these Fishermanslog.com Online Program
(the "Program") Standard Terms and Conditions
("Terms and Conditions"). A description
of the Program, as generally offered by Fishermanslog.com,
is available at the Program Frequently Asked Questions
("FAQ") URL, located at https://www.fishermanslog.com.com/faq,
or such other URL as Fishermanslog.com may provide
from time to time. "You" or "Publisher"
means any entity identified in an enrollment form
submitted by the same or affiliated persons, and/or
any agency or network acting on its (or their)
behalf, which shall also be bound by the terms
of this Agreement.
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1.
Program Participation.Participation in the
Program is subject to Fishermanslog.com
prior approval and Your continued compliance
with the Program Policies ("Program
Policies"), located at https://www.fishermanslog.com.com/policies,
or such other URL as Fishermanslog.com may
provide from time to time. Fishermanslog.com
reserves the right to refuse participation
to any applicant or participant at any time
in its sole discretion. By enrolling in
the Program, You represent that You are
at least 18 years of age and agree that
Fishermanslog.com may serve third party
and/or Fishermanslog.com provided advertisements
(such Fishermanslog.com-served advertisements,
collectively, "Ads"), related
Fishermanslog.com queries and/or Ad search
box (collectively, "Links"), and
Fishermanslog.com Web and/or Site search
results (collectively, "Search Results")
in connection with the Web site(s) that
You designate (each a "Site")
using Fishermanslog.com's advertising serving
and search technology. Multiple accounts
held by the same individual or entity are
subject to immediate termination unless
expressly authorized in writing by Fishermanslog.com
(including by electronic mail).
2. Communications Solely With Fishermanslog.com.
You agree to direct to Fishermanslog.com,
and not to any advertiser, any communication
regarding any Ad(s) or Link(s) displayed
in connection with Your Site(s).
3. Parties' Responsibilities. You are solely
responsible for the Site(s), including all
content and materials, maintenance and operation
thereof, the proper implementation of Fishermanslog.com's
specifications, and adherence to the terms
of this Agreement, including compliance
with the Program Policies. Fishermanslog.com
reserves the right to investigate, at its
own discretion, any activity that may violate
this Agreement, including but not limited
to any use of a software application to
access Ads, Links or Search Results, or
any engagement in any activity prohibited
by this Agreement. Fishermanslog.com is
not responsible for anything related to
Your Site(s).
4. Prohibited Uses. You shall not, and shall
not authorize or encourage any third party
to: (i)
5. Confidentiality. You agree not to disclose
Fishermanslog.com Confidential Information
without Fishermanslog.com's prior written
consent. "Fishermanslog.com Confidential
Information" includes without limitation:
(a) all Fishermanslog.com software, technology,
programming, specifications, materials,
guidelines and documentation relating to
the Program..
6. No Warranty. FISHERMANSLOG.COM MAKES
NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WITH RESPECT TO ADVERTISING,
LINKS, SEARCH, AND OTHER SERVICES, AND EXPRESSLY
DISCLAIMS THE WARRANTIES OR CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR ANY PARTICULAR PURPOSE.
7. Limitations of Liability; Force Majeure.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY
OBLIGATIONS HEREUNDER OR YOUR BREACH OF
ANY INTELLECTUAL PROPERTY RIGHTS AND/OR
PROPRIETARY INTERESTS RELATING TO THE PROGRAM,
(i) IN NO EVENT SHALL EITHER PARTY BE LIABLE
UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE
DAMAGES WHETHER IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND (ii) FISHERMANSLOG.COM'S AGGREGATE LIABILITY
TO PUBLISHER UNDER THIS AGREEMENT FOR ANY
CLAIM IS LIMITED TO THE NET AMOUNT PAID
BY FISHERMANSLOG.COM TO PUBLISHER DURING
THE THREE MONTH PERIOD IMMEDIATELY PRECEDING
THE DATE OF THE CLAIM. Each party acknowledges
that the other party has entered into this
Agreement relying on the limitations of
liability stated herein and that those limitations
are an essential basis of the bargain between
the parties. Without limiting the foregoing
and except for payment obligations, neither
party shall have any liability for any failure
or delay resulting from any condition beyond
the reasonable control of such party, including
but not limited to governmental action or
acts of terrorism, earthquake or other acts
of God, labor conditions, and power failures.
8. Payment. You agree that payments made
to Fishermanslog.com are permanent and non-refundable.
9. Publicity. You agree that Fishermanslog.com
may use Your name and logo in presentations,
marketing materials, customer lists, financial
reports and Web site listings of customers.
If You wish to use Fishermanslog.com's trade
names, trademarks, service marks, logos,
domain names, and other distinctive brand
features ("Brand Features"), You
may do so, so long as such use is in compliance
with this Agreement and in compliance with
Fishermanslog.com's then current Brand Feature
use guidelines, and any content contained
or referenced therein, which guidelines
may be found at the following URL: http://www.fishermanslog.com.com/permissions/guidelines.html
(or such other URL Fishermanslog.com may
provide from time to time).
10. Representations and Warranties. You
represent and warrant that (a) all of the
information provided by You to Fishermanslog.com
to enroll in the Program is correct and
current.
11. Your Obligation to Indemnify. You agree
to indemnify, defend and hold Fishermanslog.com,
its agents, affiliates, subsidiaries, directors,
officers, employees, and applicable third
parties (e.g. relevant advertisers, syndication
partners, licensors, licensees, consultants
and contractors) (collectively "Indemnified
Person(s)") harmless from and against
any and all third party claims, liability,
loss, and expense (including damage awards,
settlement amounts, and reasonable legal
fees), brought against any Indemnified Person(s),
arising out of, related to or which may
arise from Your use of the Program, the
Site(s), and/or Your breach of any term
of this Agreement.
12. Fishermanslog.com Rights. You acknowledge
that Fishermanslog.com owns all right, title
and interest, including without limitation
all Intellectual Property Rights (as defined
below), in and to the Program, and that
You will not acquire any right, title, or
interest in or to the Program except as
expressly set forth in this Agreement. You
will not modify, adapt, translate, prepare
derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt
to derive source code from any Fishermanslog.com
services, software, or documentation, or
create or attempt to create a substitute
or similar service or product through use
of or access to the Program or proprietary
information related thereto. You will not
remove, obscure, or alter Fishermanslog.com's
copyright notice, Brand Features, or other
proprietary rights notices affixed to or
contained within any Fishermanslog.com services,
software, or documentation (including without
limitation the display of Fishermanslog.com’s
Brand Features with Ads, Links, Search Boxes
and/or Search Results, if applicable). "Intellectual
Property Rights" means any and all
rights existing from time to time under
patent law, copyright law, semiconductor
chip protection law, moral rights law, trade
secret law, trademark law, unfair competition
law, publicity rights law, privacy rights
law, and any and all other proprietary rights,
as well as, any and all applications, renewals,
extensions, restorations and re-instatements
thereof, now or hereafter in force and effect
worldwide.
13. Information Rights. Fishermanslog.com
may retain and use, subject to the terms
of the Fishermanslog.com Privacy Policy
(located at http://www.fishermanslog.com.com/privacy.html,
or such other URL as Fishermanslog.com may
provide from time to time), all information
You provide, including but not limited to
Site demographics and contact information.
Fishermanslog.com may also provide information
in response to valid legal process, such
as subpoenas, search warrants and court
orders, or to establish or exercise its
legal rights or defend against legal claims.
Fishermanslog.com disclaims all responsibility,
and will not be liable to You, however,
for any disclosure of that information by
any such third party. Fishermanslog.com
may share non-personally-identifiable information
about You, including Site-specific statistics
and similar information collected by Fishermanslog.com,
with advertisers, business partners, sponsors,
and other third parties. In addition, You
grant Fishermanslog.com the right to access,
index and cache the Site(s), or any portion
thereof, including by automated means including
Web spiders or crawlers.
14. Miscellaneous. This Agreement shall
be governed by the laws of Minnesota , except
for its conflicts of laws principles. You
may not resell, assign, or transfer any
of Your rights hereunder. Any such attempt
may result in termination of this Agreement,
without liability to Fishermanslog.com.
Notwithstanding the foregoing, Fishermanslog.com
may assign this Agreement to any affiliate
at any time without notice. The relationship
between Fishermanslog.com and You is not
one of a legal partnership relationship,
but is one of independent contractors.
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