User and Promotional Terms of Agreement

User Agreement

This web site is operated by the “Fishing Video Network” (“FVN”, “we”, “us”, ”the site”, “website”, “the company” or “our”) a subsidiary of Snap-N-Trac Marine Inc. a Florida Corporation.

The FVN website provides the general public (users) access to “the site” to upload their personal sport fishing videos and or view others sport fishing related videos. User video uploads require User to register with “the site”. User video submission service is provided free of charge, with access to “the site” permitted as long as the user abides by the terms and conditions as provided in this User Agreement.

1.General Use of the FVN site;
A. User will use “the site” for personal and not for commercial purposes.
B. User will not copy, alter, modify or distribute any part of the website content or technologies without prior written authorization by “the site.”
C. User will not gain access or navigate “the site” by any means other than provided by “the site”.
D. User access FVN permitted exclusively for streaming (viewing) and or uploading of their personal sport fishing related videos.

2. Intellectual Property Rights
FVN content is provided to User, As Is, and for Users personal use only 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. User Account
User who wants to upload their personal sport fishing related videos on FVN requires their one time registration. Creating a user account is free and requires some personal information. FVN is a secure website so any information you provide will be stored on a secure server. 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.

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 are for personal and not for business use, videos submitted that overtly promote any product, any business, any service, any person or any commercial enterprise of any kind will result in the termination of the User account.

FVN can without notice terminate a Users account and or access if User is determined 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. 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.

4. User Video Submissions
A. FVN permits the User to upload and publish their personal 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”.

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.

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.

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 from the “website.”

B. 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.

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.

C. 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.

D. 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”.

E. 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.

5. 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

6. 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.

7. 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.

8. 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.

9. 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.