Promotional User Agreement
The “Fishing Video Network TM” (“FVN”, “we”, “us”, ”the site”, “website”, “the company” or “our”) is a website owned and operated by Snap-N-Trac Marine Inc. a Florida Corporation.
The FVN website provides registered Companies (“registrant”, “promo user”, “promo”, “user”, “you”, “your”) access to “the site” to upload and publish your companies sport fishing videos and or banner advertisements. Accessing these (“subscription”, “Listing”, “submission(s)”) services require User to register with “the site”, registration is free. User video and or banner submission service is provided for a fee (see plans and rates(hyperlink)) , with access to “the site” permitted as long as the user abides by the terms and conditions as provided in this Promotional User Agreement.
1.General Promo Use of the FVN site:
A. Registered User is allowed to use “the site” to promote your companies products and or services.
B. Registered User will not copy, alter, modify or distribute any part of the website content or technologies without prior written authorization by “the site”
C. Registered User will not gain access or navigate “the site” by any means other than provided by “the site”.
D. Registered User access FVN permitted for streaming (viewing) and or publishing of their companies sport fishing related videos and or banner advertisements.
2. Intellectual Property Rights:
FVN content is provided to User, As Is, and for Users promotional and personal use and may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed, or otherwise exploit any FVN content for any other purposes than provided for herein without the prior written consent of “the site”. FVN reserves all rights not expressively granted in and to “the site” and the content.
3. Promotional User Account Registration:
Users who publish (upload) their companies sport fishing related videos and or banner advertisements on the site require their company to register with FVN. Creating a promo user account is free and requires both personal as well as company information. Upon successful registration and listing plan selection, user account will permit user to upload and publish users promotional videos and or banner advertisements as well as your own personal sport fishing videos. Once registered you are solely responsible to maintain the integrity of your account as well as keep your password secure. Notify FVN of any breach of your account security or unauthorized use of your account. All information provided by User for registration will be stored on a third parties secure server, which we have no affiliation and make no warranties beyond contracting for their service.
User agrees not to engage in any activity designed to interfere with any FVN security or related features as well as those features that prevent or restrict use of copying of any content or enforce limitations on use of “the site” or its content.
User understands account privileges provide for both personal and business use, personal videos submitted that overtly promote for commercial gain any product, any business, any service, any person or any commercial enterprise of any kind will result in deletion of the video in question. Termination of the User account will be at the discretion of FVN.
Users registration account provides User access to the services provided by FVN without charge, however FVN publishing of Users promotional videos and or banner advertisements is not a service provided free of charge.
FVN provides registered User with a user friendly website interface (hyper link to description & instructions) which will allow User the ability to submit and publish their companies promotional videos and or banner advertisements.
4. Payment:
FVN uses the products and services of Paypal exclusively to facilitate and execute the Users payment for the benefit of Snap-N-Trac Marine Inc. If User is not familiar with Paypal User can investigate its services on the providers website (hyperlink to Paypal). User understands PayPal is responsible to maintain and make secure all information User provides to Paypal to facilitate a purchase of services from FVN. PayPal provides this third party service to FVN for a fee and as such is solely responsible for securing all aspects of your transaction.
Until payment has been made all pricing of video and or banner advertising plans are subject to change without notice, all completed sales are final.
5. Plans:
Promotional videos and or banner advertisements must be configured according to the promotional advertising plan selected (hyperlink plans and instructions). If submitted in a non conforming format, “the site” will automatically reject and or modify Users submission so that it conforms to “the sites” submission requirements. User understands and agrees that should this be the case with their submission, User pre-payment will not be refunded, prorated, discounted or credited and will run as listed unless canceled by User without refund. User will hold FVN harmless in the event User promotional submission is in any way different then User intended. All payments made to Snap-N-Trac Marine are final.
FVN provides User with limited access to website interface to manage their company information and or the products and or services. Published video and or banner advertisements cannot be modified once submitted, early listing cancellation by User is permitted without refund. User can cancel listing at any time through its account.
Website interface will provide User with multiple video and banner advertisement plans to choose from. Upon plan selection and payment, User can access required interface to publish promotional videos and or banner advertisements according to the promotional plan selected.
FVN can without notice terminate a Users account and or access if User is determined by “the site” to be in violation of any part of this agreement terms and conditions, its intent and or if User is not acting in good faith to adhere to our agreement terms and conditions. If in violation of agreement terms and or conditions any and all fees paid by user will be forfeited to FVN without recourse upon termination of promo users account.
User agrees that our terms and conditions of service and any right and license granted herein, may not be transferred or assigned by you, but may be assigned by FVN without restriction.
Listing Plan Specifications; 2008 promotional video and banner advertising plans and rates for your review (hyperlink)
6. Promo User Submissions
Product Video Promotion: Upon registration, User will be prompted to provide search assist information on the video submission being promoted on “the site”. Requested information, while not mandatory, will help improve the chances Users promotional video will be culled and showcased when visitors search using any of the search terms and or phrases provided by registrant.
Your companies listed product video promotion will be accessible to interested viewers, searchable by the terms you have submitted, like your company name, product brand name, product category and or your preferred search phrases. Except when searched by specific company name and or product brand name, general video searches using more general or vague terms may produce results that display similar videos as the video(s) you have submitted, yours may or may not be included.
Targeted Random Selection: When a video is being viewed whether personal or promo our targeted random selection process will search and produce those promotional videos that have search phrases that are the same, similar, search terms or phrases as the personal or promo video currently being viewed. Promotional videos culled under these conditions will be showcased in the “Like Kind Promo Videos” section, found on the same page as the video being viewed. These similar video types will be randomly selected for showcasing and as such there is no guarantee that the Users promo video will be one of those selected for placement. If it is, there can be no guarantee it will be viewed at that time or anytime in the future or how many times it will be successfully searched and viewed throughout the time it is listed. Targeted random selection provides an additional video promotional opportunity for you, whether your video is culled or not is totally out of our control.
Banner promotion: Your company banner hyperlink advertisement will be prominently displayed as per the plan selected either on, the Home page, User Page, Promo Page or all of these. Individual company banners will be displayed in groups of five per banner frame, one five frame at a time, with four banner frames comprising a full-page frame of twenty banners showcased per page. Each banner is individually showcased in an exploded view as well as normal size; upon expansion, a short description you have provided will be visible.
All banners will receive the same amount of view time, when the final banner has been showcased then the next banner frame of five will appear. Each banner frame of five will be re-showcased equally, with each banner frame showcased every fourth frame rotation. Individual company banner views and or click through to Users website cannot be guaranteed.
Banner Reservations: In the event there are currently no banner listings available to purchase, you can reserve a future listing by signing up for our email “First right of refusal listing reservation service”. When exercised, this service will automatically attempt to notify you by email that your requested listing spot is now or will be available. You will have FOUR hours from receipt of our email notification to accept and pay for the listing. If you do not exercise your option within this time period your listing reservation option would have expired.
Basic banner advertisement provides for specific banner display time, with specific display time in exploded view, see advertising plan matrix (provide hyperlink hear). Plan also provides for a short description and hyperlink to your company website.
Premium banner advertisement provides for total banner display time, with specific display time in exploded view, see advertising plan matrix (provide hyperlink hear) . Plan also provides for a short description, direct hyperlink to your listed company video promotion (requirement of plan) as well as a hyper link to your company website.
7. Legal Notices & Disclaimers:
A. FVN permits the User to upload and publish their promotional sport fishing related videos to “the site”. User understands that all video submissions will be accessible to any person who has access to the world wide web. Users understand they are solely responsible for all consequences that may result from posting and or publishing their personal video(s) on “the site”.
B. FVN reserves the right to determine if User video submission(s) comply with User Agreement terms and conditions and if not FVN reserves the right to delete without prior notice User video submission deemed to be in violation of User Agreement. Violation of Promo User agreement will result in User account termination with all fees paid by User to be forfeited in full to FVN and without recourse.
C. Before submitting any video User must first be sure that they own or have the necessary licenses, rights, consents, and permissions to use and authorize FVN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service; and you have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service. That you retain all of your ownership rights in your submissions.
D. When submitting any video to FVN, User grants a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the FVN website and its business. The license granted by User terminates once User video submission has been deleted by the site for cause, removed by the registered User and or when prepaid subscription has expired.
E. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FVN all of the license rights granted herein, publish falsehoods or misrepresentations that could damage FVN or any third party, submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, post advertisements or solicitations of business, impersonate another person or submit adult-oriented material.
F. Acceptance of any User video is not an endorsement by FVN, further “we” disclaim all liability in connection with User submissions. FVN does not condone or permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party's intellectual property rights. All substantiated infringers will have their user access terminated.
G. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing FVN with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail). Failure to comply with DMCA requirements may render your formal notice invalid.
*Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
H. User must understand that when accessing the FVN website, User will be exposed to video submissions from a wide variety of sources, and that FVN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. User further understands and acknowledges that User may be exposed to User submissions that are inaccurate, indecent, offensive, or objectionable, and User agree to waive, and hereby do waive, any legal or equitable rights or remedies User have or may have against FVN with respect thereto, and agree to indemnify and hold FVN and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of “the site”.
I. FVN permits User to link to materials on the FVN website for personal and non-commercial purposes only. In addition, FVN provides an "embeddable player" feature, which User may incorporate into Users own personal, non-commercial websites for use in accessing the materials contained on the FVN website. FVN reserves the right to discontinue any aspect of the FVN website at any time and for any reason.
J. User agrees to allow “the site” or it approved agents to contact User as needed and by whatever means provided to FVN as required to communicate information important for our registrant User to know.
8. Warranty Disclaimer:
User understands and agree that use of FVN shall be at Users own risk. To the fullest extent permitted by law, FVN, its officers, directors, employees and agents disclaim all warranties expressed or implied in connection with FVN and Users use thereof. FVN makes no warranties or representations about the accuracy or completeness of “the sites” content or the content of any video and or sites linked to FVN and assumes no liability or responsibility for any:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FVN. FVN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FVN OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FVN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHEN AND WHERE APPROPRIATE
9. Limitation of Liability:
IN NO EVENT SHALL FVN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “WEBSITE”, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FVN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USER SPECIFICALLY ACKNOWLEDGES THAT FVN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS THE RESPONSIBILITY OF THE USER.
FVN MAKES NO REPRESENTATIONS THAT, ”THE SITE” IS ACCEPTED OR AVAILABLE FOR USE IN ALL LOCATIONS OUTSIDE THE UNITED STATES. USERS ACCESSING “THE SITE” FROM LOCATIONS OUTSIDE THE UNITED STATES DO SO OF THEIR OWN ACCORD AND ARE RESPONSIBLE FOR COMPLYING WITH THEIR APPLICABLE LOCAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
10. Eligibility to Accept User Agreement Terms and Conditions:
FVN is available for access and use by persons 18 years of age and older, or any emancipated minor, or a minor who possess legal consent by a parent or guardian making them legally eligible and competent to abide and comply with our User Agreement Terms and Conditions. FVN is not intended for use by minors and does not encourage or condone such activity except for those that meet the specifications as described herein.
11. Copyright:
All materials that compromise “the site”, including, but not limited to names, logos, trademark, service marks, images, designs, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights, claims, owned and or controlled by Snap-N-Trac Marine Inc or by our advertisers.
12. General Disclosure:
These terms of service, together with the privacy notice and any other legal notices published on the FVN website shall constitute the entire agreement between User and FVN. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and FVN failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. FVN reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the FVN website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.
I accept the Terms and Conditions of this Promo Agreement as defined.