Terms of Use Agreement

STIX Fishing Terms of Use

Version 1

Effective Date: 9/15/18

Last Updated Date: 9/15/18

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF STIX FISHING LLC (“STIX FISHING“), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY STIX FISHING. THESE TERMS GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH STIX FISHING, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE AND/ OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

PLEASE NOTE THAT The Terms are subject to change by STIX Fishing in its sole discretion at any time. When changes are made, STIX Fishing will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). STIX Fishing may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services. Otherwise, your continued use of the Website and Services constitutes your acceptance of such change(s[1]). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS[2].

  1. Use of the Services and Our Properties. The Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined herein) (collectively, the “Our Properties”) are protected by copyright laws throughout the world. Subject to the Terms, STIX Fishing grants you a limited license to reproduce portions of Our Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by STIX Fishing in a separate license, your right to use any Our Properties is subject to the Terms.
    • Updates. You understand that Our Properties are evolving. As a result, STIX Fishing may require you to accept updates to Our Properties that you have installed on your computer or mobile device. You acknowledge and agree that STIX Fishing may update Our Properties with or without notifying you. You may need to update third-party software from time to time in order to use Our Properties.
    • Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Properties or any portion of Our Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other of Our Properties (including images, text, page layout or form) of STIX Fishing; (c) you shall not use any metatags or other “hidden text” using STIX Fishing’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Our Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Our Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Our Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Our Properties. Any future release, update or other addition to Our Properties shall be subject to the Terms. STIX Fishing, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Our Properties terminates the licenses granted by STIX Fishing pursuant to the Terms.
    • Third-Party Materials. As a part of Our Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for STIX Fishing to monitor such materials and that you access these materials at your own risk.
    • Registering Your Account. In order to access certain features of Our Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Website (each such account, a “Third-Party Account”)
    • Access Through a SNS. If you access the Our Properties through a SNS as part of the functionality of the Website or the Services, you may link your Account with Third-Party Accounts, by allowing STIX Fishing to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to STIX Fishing and/or grant STIX Fishing access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating STIX Fishing to pay any fees or making STIX Fishing subject to any usage limitations imposed by such third-party service providers. By granting STIX Fishing access to any Third-Party Accounts, you understand that STIX Fishing may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Our Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Our Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Our Properties. Please note that if a Third-Party Account or associated service becomes unavailable or STIX Fishing’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Our Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND STIX FISHING DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. STIX Fishing makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and STIX Fishing is not responsible for any SNS Content.
    • Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Our Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Our Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify STIX Fishing immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or STIX Fishing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, STIX Fishing has the right to suspend or terminate your Account and refuse any and all current or future use of Our Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. STIX Fishing reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Our Properties if you have been previously removed by STIX Fishing, or if you have been previously banned from any of Our Properties.
    • Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of STIX Fishing.
    • Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Our Properties, including but not limited to, a computer or mobile device that is suitable to connect with and use Our Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Our Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. STIX Fishing will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing support@stixfishing.com
  2. Responsibility for Content.
    • Types of Content. You acknowledge that all Content, including Our Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not STIX Fishing, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Our Properties (“Your Content”), and that you and other Users of Our Properties, and not STIX Fishing, are similarly responsible for all Content they Make Available through Our Properties (“User Content”).
    • No Obligation to Pre-Screen Content. You acknowledge that STIX Fishing has no obligation to pre-screen Content (including, but not limited to, User Content), although STIX Fishing reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that STIX Fishing pre-screens, refuses or removes any Content, you acknowledge that STIX Fishing will do so for STIX Fishing’s benefit, not yours. Without limiting the foregoing, STIX Fishing shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
    • Storage. Unless expressly agreed to by STIX Fishing in writing elsewhere, STIX Fishing has no obligation to store any of Your Content that you Make Available on Our Properties. STIX Fishing has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Our Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that STIX Fishing retains the right to create reasonable limits on STIX Fishing’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by STIX Fishing in its sole discretion.
    • Our Properties. Except with respect to Your Content and User Content, you agree that STIX Fishing and its suppliers own all rights, title and interest in Our Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Our Properties.
    • Trademarks. “STIX Fishing” and other related graphics, logos, service marks and trade names used on or in connection with Our Properties or in connection with the Services are the trademarks of STIX Fishing and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Our Properties are the property of their respective owners.
    • Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Our Properties.
    • Your Content. STIX Fishing does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Our Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your 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 worldwide intellectual property right that may exist in Your Content.
    • License to Your Content. Subject to any applicable account settings that you select, you grant STIX Fishing a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Our Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not STIX Fishing, are responsible for all of Your Content that you Make Available on or in Our Properties.
    • Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments or any other area on Our Properties, you hereby expressly permit STIX Fishing to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
    • Your Account. Any Content posted by you may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit a photograph of another person without that person’s permission.
    • Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to STIX Fishing through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that STIX Fishing has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to STIX Fishing a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Our Properties.
  3. User Conduct. As a condition of use, you agree not to use Our Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Our Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without STIX Fishing’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of STIX Fishing; (vi) interferes with or attempt to interfere with the proper functioning of Our Properties or uses Our Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Properties, including but not limited to violating or attempting to violate any security features of Our Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Our Properties, introducing viruses, worms, or similar harmful code into Our Properties, or interfering or attempting to interfere with use of Our Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Our Properties.”
  4. STIX Fishing may, but is not obligated to, monitor or review Our Properties and Content at any time. Without limiting the foregoing, STIX Fishing shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although STIX Fishing does not generally monitor user activity occurring in connection with Our Properties or Content, if STIX Fishing becomes aware of any possible violations by you of any provision of the Terms, STIX Fishing reserves the right to investigate such violations, and STIX Fishing may, at its sole discretion, immediately terminate your license to use Our Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  5. Third-Party Services.
    • Third-Party Websites & Applications. Our Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Our Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of STIX Fishing. STIX Fishing is not responsible for any Third-Party Websites or Third-Party Applications. STIX Fishing provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  6. Third-Party Payment Provider. STIX Fishing uses Stripe, Inc. as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By purchasing via Our Properties, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy and hereby consent and authorize STIX Fishing and Stripe to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
  7. You agree to indemnify and hold STIX Fishing, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “STIX Fishing Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Our Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. STIX Fishing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with STIX Fishing in asserting any available defenses. This provision does not require you to indemnify any of STIX Fishing Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Our Properties.
  8. Disclaimer of Warranties and Conditions.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR PROPERTIES IS AT YOUR SOLE RISK, AND OUR PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. STIX FISHING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section 10 does not affect in any way our return policy or limited warranty for goods purchased on the Website. If for any reason you are not satisfied with a purchase you make on the Website, please return it in accordance with the terms of our return policy or limited warranty, application can be found at: https://www.stixfishing.com/warranty-and-returns/
      • STIX FISHING PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OUR PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR PROPERTIES WILL BE ACCURATE OR RELIABLE.
      • ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. STIX FISHING MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STIX FISHING OR THROUGH OUR PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      • From time to time, STIX Fishing may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at STIX Fishing’s sole discretion. The provisions of this section apply with full force to such features or tools.
    • No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT STIX FISHING PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD STIX FISHING PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
    • No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR PROPERTIES. YOU UNDERSTAND THAT STIX FISHING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR PROPERTIES.

 

  1. Limitation of Liability.
    • Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL STIX FISHING PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT STIX FISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS WITH OTHER USERS OF OUR PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OUR PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO OUR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A STIX FISHING PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A STIX FISHING PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A STIX FISHING PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Cap on Liability. UNDER NO CIRCUMSTANCES WILL STIX FISHING PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO STIX Fishing by you TO USE THE SERVICESand (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A STIX FISHING PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A STIX FISHING PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A STIX FISHING PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • User Content. EXCEPT FOR STIX FISHING’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN STIX FISHING’S PRIVACY POLICY, STIX FISHING ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    • Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STIX FISHING AND YOU.
  2. Procedure for Making Claims of Copyright Infringement. It is STIX Fishing’s policy to terminate account and/or use privileges of any User who repeatedly infringes copyright upon prompt notification to STIX Fishing by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Our Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Our Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for STIX Fishing’s Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent[3]].
    • Violations. If STIX Fishing becomes aware of any possible violations by you of the Terms, STIX Fishing reserves the right to investigate such violations. If, as a result of the investigation, STIX Fishing believes that criminal activity has occurred, STIX Fishing reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. STIX Fishing is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Our Properties, including Your Content, in STIX Fishing’s possession in connection with your use of Our Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of STIX Fishing, its Users or the public, and all enforcement or other government officials, as STIX Fishing in its sole discretion believes to be necessary or appropriate.
    • Breach. In the event that STIX Fishing determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Our Properties, STIX Fishing reserves the right to:
      • Warn you via e-mail (to any e-mail address you have provided to STIX Fishing) that you have violated the Terms;
      • Delete any of Your Content provided by you or your agent(s) to Our Properties;
      • Discontinue your registration(s) with the any of Our Properties, including any Services;
      • Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      • Pursue any other action which STIX Fishing deems to be appropriate.
  1. Term and Termination.
    • Term. The Terms commence on the date when you accept them (as described above) and remain in full force and effect while you use Our Properties, unless terminated earlier in accordance with the below.
    • Prior Use. Notwithstanding the foregoing, if you used Our Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Our Properties (whichever is earlier) and will remain in full force and effect while you use Our Properties, unless earlier terminated in accordance with the Terms.
    • You may terminate the Terms at any time by closing your account, discontinuing your use of the Website and/ or Services and providing STIX Fishing with a notice of termination. STIX Fishing reserves the right, without notice and in our sole discretion, to terminate your right to use Our Properties, or any portion of Our Properties, and to block or prevent your future access to and use of Our Properties or any portion of Our Properties.
    • Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. STIX Fishing will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  2. International Users Our Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that STIX Fishing intends to announce such Services or Content in your country. Our Properties are controlled and offered by STIX Fishing from its facilities in the United States of America. STIX Fishing makes no representations that Our Properties are appropriate or available for use in other locations. Those who access or use Our Properties from other countries do so at their own volition and are responsible for compliance with local law.
  3. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with STIX Fishing and limits the manner in which you can seek relief from us.
    • Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with STIX Fishing, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or STIX Fishing may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH STIX FISHING, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST STIX FISHING ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST STIX FISHING IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

  • Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, STIX Fishing will pay them for you. In addition, STIX Fishing will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, STIX Fishing will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.   Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and STIX Fishing.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  • Waiver of Jury Trial.  YOU AND STIX FISHING HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and STIX Fishing are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 17.7.
  • 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: STIX Fishing, Attn: Compliance, 12 Lower Ragsdale Dr. #27 Monterey, CA 93940 within 30 days after first becoming subject to this Arbitration Agreement. You can also email your request, to: support@stixfishing.com. Your notice must include your name and address, your STIX Fishing account name (if any), the email address you used to set up your STIX Fishing account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.   If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with STIX Fishing.
  • Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if STIX Fishing makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to STIX Fishing.
  1. General Provisions.
    • Electronic Communications. The communications between you and STIX Fishing use electronic means, whether you visit Our Properties or send STIX Fishing e-mails, or whether STIX Fishing posts notices on Our Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from STIX Fishing in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that STIX Fishing provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
    • Release. You hereby release STIX Fishing Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Our Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Our Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a STIX Fishing Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
    • Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without STIX Fishing’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. STIX Fishing shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Our Properties, please contact us at: support@stixfishing.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Limitation Period. YOU AND STIX FISHING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, OUR PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    • Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and STIX Fishing agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Monterey, California.
    • Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws ofthe State of CALIFORNIA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    • Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
    • Notice. Where STIX Fishing requires that you provide an e-mail address, you are responsible for providing STIX Fishing with your most current e-mail address. In the event that the last e-mail address you provided to STIX Fishing is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, STIX Fishing’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to STIX Fishing at the following address: Stix Fishing LLC, 12 Lower Ragsdale Dr #27, Monterey CA 93940. Such notice shall be deemed given when received by STIX Fishing by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • Export Control. You may not use, export, import, or transfer Our Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Properties, and any other applicable laws. In particular, but without limitation, Our Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Our Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Our Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by STIX Fishing are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer STIX Fishing products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

End of Terms

 

[1] Provisions like this, which attempt to bind a User to future changes to the Agreement, are disfavored and may not be enforceable in some countries. It is not clear whether a “future changes” provision will be enforced by U.S. courts, but this section of the Agreement attempts to follow best practices to maximize the chances of enforceability. The provision is in all caps and at the beginning of the Terms to ensure that it is conspicuous, which will minimize the chance that it will be found to be unconscionable and therefore unenforceable. The provision also obligates STIX Fishing, where it has the User’s e-mail address and the change is material, to attempt to provide actual notice of the change to the User. In addition, Oregon’s automatic renewal statute requires that if there are material changes to the terms of the automatic renewal offer, the business must provide clear and conspicuous notice of the material change and information on how to cancel in a way that can be retained by the customer.

[2] It is best practice for Company to either post on its Website (1) a summary of changes that it makes to its Terms or (2) a redlined copy of the Terms that highlights the changes.

[3] This section is included so that STIX Fishing may take advantage of the safe harbor created by the Digital Millennium Copyright Act (“DMCA”), which exempts on-line service providers that meet the safe harbor criteria from claims of copyright infringement made against them that result from the conduct of their customers. Note that one of the requirements is that the on-line service provider must designate an agent that will receive notices of copyright infringement from copyright owners and it must notify the Copyright Office of the agent’s name and address and make that information publicly available on its website (512(c)(2)). For more information, see http://www.copyright.gov/onlinesp/.