TERMS OF USE AGREEMENT
Welcome to Co-Angler! This website (collectively, the “App”)
is owned and operated by Co-Angler, Inc. (“the Company,”
“we,” “us,” or “our”). Please read these
terms of use carefully before accessing or using the App. By accessing or
using the App, you agree to be bound by these Terms of Use and our Privacy
Policy, found at https://coangler.com/, incorporated herein by reference. If
you do not agree to these terms of use, you may not access or use the App.
Use of the App
The App is intended to be used by individuals to connect with others for
fishing purposes. You must be at least 16 years old to use the App. By using
the App, you represent and warrant that you are at least 16 years old and have
the legal capacity to enter into this agreement. You may use the App only for
lawful purposes and in accordance with these terms of use. If you do not meet
all of these requirements, you must not access or use the App.
User Accounts
To use certain features of the App,
you may be required to create an account with us. You are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your account. You agree to accept responsibility for all
activities that occur under your account.
Prohibited Activities
You agree that you will not use the App to:
Engage in any conduct that violates any applicable federal, state,
local, or international laws or regulations;
Exploit, harm, or attempt to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable
information, or otherwise;
Infringe on the intellectual property rights of others;
Transmit any material that is unlawful, obscene, defamatory,
threatening, harassing, or otherwise objectionable;
Interfere with the operation of the App or any user's enjoyment of the App;
Upload or transmit viruses, Trojan horses, worms, or other harmful
computer code or files;
Engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the App, or which, as determined by us, may harm the Company or
users of the App, or expose them to liability;
Attempt to gain unauthorized access to the App or its related systems or
networks; or
Use the App to engage in commercial activity or to advertise or promote
any products or services.
Intellectual Property Rights
The App and its
entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio) are owned by
us, our licensors, or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws. You may not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material
on our App, except as follows:
Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser
for display enhancement purposes; and
You may print or download one copy of a reasonable number of pages of
the App for your own personal, non-commercial use and not for further
reproduction, publication, or distribution.
User Contributions
The App may contain message boards, chat rooms, personal web pages or
profiles, and other interactive features (collectively,
“Interactive Services”) that allow users to post,
submit, publish, display, or transmit to other users or other persons
(hereinafter, “post”) content or materials
(collectively, “User Contributions”) on or
through the Website.
All User Contributions must comply with the Content Standards set out in
these Terms of Use.
Any User Contribution you post to the site will be considered
non-confidential and non-proprietary. By providing any User Contribution on
the Website, you grant us and our respective licensees, successors, and
assigns the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any
purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have
the right to grant the license granted above to us and our affiliates and
service providers, and each of their and our respective licensees, successors,
and assigns.
All of your User Contributions do and will comply with these Terms of
Use.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company, have full
responsibility for such content, including its legality, reliability,
accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or
accuracy of any User Contributions posted by you or any other user of the
Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in
our sole discretion.
Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe that
such User Contribution violates the Terms of Use, including the Content
Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company.
Disclose your identity or other information about you to any third party
who claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any
or no reason, including without limitation, any violation of these Terms of
Use.
Without limiting the foregoing, we have the right to cooperate fully
with any law enforcement authorities or court order requesting or directing us
to disclose the identity or other information of anyone posting any materials
on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY THECOMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN
AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review material before it is
posted on the App and cannot ensure prompt removal of objectionable material
after it has been posted. Accordingly, we assume no liability for any action
or inaction regarding transmissions, communications, or content provided by
any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use
of Interactive Services. User Contributions must in their entirety comply with
all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy)
of others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms of Use and our Privacy Policy
https://coangler.com/.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any
unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to
upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with
any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes,
and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any
other person or entity, if this is not the case.
Geographic Restrictions
The owner of the App is based in the State of Missouri in the United
States. We provide this Website for use only by persons located in the United
States. We make no claims that the Website or any of its content is accessible
or appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Disclaimer of Warranties
The App and its contents are provided “as is” and “as
available” without any representations or warranties of any kind,
express or implied. We disclaim all warranties, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. We do not warrant that the App will be uninterrupted or
error-free, that defects will be corrected, or that the App or the server that
makes it available are free of viruses or other harmful components.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
All matters relating to the App and these Terms of Use, and any dispute
or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Missouri without giving
effect to any choice or conflict of law provision or rule (whether of the
State of Missouri or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to,
these Terms of Use or the Website shall be instituted exclusively in the
federal courts of the United States or the courts of the State of Missouri, in
each case located in the City of Bolivar and County of Polk, although we
retain the right to bring any suit, action, or proceeding against you for
breach of these Terms of Use in your country of residence or any other
relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes
arising from these Terms of Use or use of the Website, including disputes
arising from or concerning their interpretation, violation, invalidity,
non-performance, or termination, to final and binding arbitration under the
Rules of Arbitration of the American Arbitration Association applying Missouri
law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms
of Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision. If any provision of these
Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.