Terms of Service

Last updated: Jan 30, 2023

Introduction

The FishCaddy website located at fishcaddy.com is owned and operated by FishCaddy from the United States.

Throughout the Site, the terms “we”, “us”, “platform” and “our” refer to FishCaddy. We offer the FishCaddy Site, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, you (“User”) engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site including without limitation users who are browsers, users, and/ or contributors of content.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE. BY BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS WHICH BIND YOU LEGALLY. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICE.

General Information

  • About. FishCaddy is a fishing hub for anglers to track and share their fishing reports and catches, and to get the latest fishing information from bodies of water, businesses, and fellow anglers.
  • Sole discretion. We reserve the right to add/discontinue any service at any time at our sole discretion and without notice. We also reserve the right to take appropriate steps to protect FishCaddy and/or its Members/Users from any abuse/misuse as it deems appropriate in its sole discretion.

Use of Information

Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

User Generated Content

The Site may include interactive features and areas where users can submit, post, or upload content, including but not limited to text, reports, photographs, videos, and comments (collectively, "UGC").  

By submitting, posting, or uploading User-Generated Content, you grant FishCaddy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Site and FishCaddy's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also represent and warrant that you own or have the necessary rights to submit, post, or upload the User-Generated Content and that the User-Generated Content does not violate any proprietary or other rights of third parties. You further agree to indemnify FishCaddy for any and all claims arising from the User Generated Content. FishCaddy does not endorse any User Generated Content and is not responsible or liable for any User Generated Content, including without limitation for any errors or omissions, defamatory or offensive statements, or infringements of proprietary or other rights. FishCaddy has the right, but not the obligation, to monitor, edit, or remove User Generated Content.

No Liability of UGC

FishCaddy shall not be liable for any photos or content uploaded by users that infringe copyrights. Users are solely responsible for ensuring that any photos or content they upload do not infringe the rights of any third party, including but not limited to copyrights. FishCaddy reserves the right to remove any photos or content that it believes may infringe copyrights without notice.

User Code of Conduct

You will not submit or post any content that is illegal, threatening, defamatory, abusive, offensive, or that otherwise violates any laws or rights of others.

  • You will not use this site to engage in any form of harassment, bullying, or discrimination.
  • You will not use any abusive language, insults to other members, and or abuse of any kind in content or photos.
  • You will not use this site to promote or engage in any illegal or unethical activities.
  • You will not use this site to disseminate viruses, malware, or any other harmful software or code.
  • You will not use this site to impersonate any other person or entity.
  • You will not use this site to collect or store personal information about other users without their consent.
  • You will not use this site in any manner that interferes with its normal operation or that damages its infrastructure.
  • You will not use this site in any manner that violates these terms of service.

Violation of this code of conduct may result in the termination of your account, reporting you against the relevant authorities, and/or the removal of any content submitted by you. The site reserves the right to take any other actions it deems appropriate to protect the integrity of the site and the rights of its users.

Permitted use

You agree to use the Site and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  • Use the Services for any illegal or unlawful purpose;
  • Access any of the Services by any means other than through the interface that is provided by FishCaddy;
  • Gain unauthorized access to FishCaddy’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services, FishCaddy’s networks, and computer systems;
  • Access any of the Services through any automated means or with any automated features or devices (including the use of scripts or web crawlers);
  • Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services for any purpose; and
  • Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by FishCaddy in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

Report/Catch Approval

The Content will not become public unless you are a verified member, or our administrators approve it. You grant us the right to use publicly approved reports for social media.

Interaction with other Members

You are solely responsible for your communications with other FishCaddy Members. FishCaddy reserves the right but has no obligation, to monitor disputes between you and other Members. FishCaddy also reserves the right to take appropriate action against errant members. However, FishCaddy is not obliged to share such action with other members, including complainants. FishCaddy expressly disclaims any responsibility or liability for any transactions or interactions between the members.

Limited License

We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce,

distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site or any other user.

Your use of this Site is at your own risk. You agree that you will be personally responsible for your use of this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent basis and any decision to do so is final.

Accounts, Registrations, and Passwords

You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer and mobile/tablet. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. FishCaddy is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of FishCaddy. You may not disclose the Password to another person or entity or permit another entity to access the Site using such a Password. You must notify FishCaddy immediately of any breach of security or unauthorized use of your account. FishCaddy cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on the Site. Multiple profiles of the same person are not allowed on the Site.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us.

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

Digital Millennium Copyright Act

FishCaddy expects all users to respect the intellectual property rights of others. FishCaddy may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected]. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for FishCaddy to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

Monitoring Activity

FishCaddy has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FISHCADDY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

You agree that in no event shall FishCaddy be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored, or received using the Site.

Indemnification

You agree to indemnify and hold FishCaddy and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or
loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties irrevocably consent to the exclusive jurisdiction of the courts located in California for any action or proceeding arising out of or related to this Agreement.

Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

Force Majeure

FishCaddy is not liable for any delays caused by circumstances beyond FishCaddy’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/tele/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, FishCaddy shall inform the Member accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Member and FishCaddy are entitled to terminate the purchase with immediate effect.

Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and FishCaddy concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive FishCaddy's right to act concerning subsequent or similar breaches.

Relationship

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

Violation and Termination

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites and the Services, the Content, FishCaddy, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/user for any reason, including for any violation of these Terms.

Contact Us

For any questions, complaints, and queries or to report any violations, kindly get in touch.

Create your Free Account

Get updates from your favorite local water, and track your own fishing trips.

Sign Up