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Hooked-in is a fun, family-friendly website dedicated to the sport of fishing. Your terms of
using this website are described in detail below. Here's what we expect from our members:
- Share - your contributions will be appreciated by other members
- Be honest - nobody likes a liar
- Be respectful - no spam, viruses, or other bad stuff
- Keep it clean - nothing vulgar or obscene
- Be nice - be courteous and friendly to other members
If you are a good citizen, you fit right in at Hooked-in. Please enjoy responsibly!
1. Terms
This agreement (the "Agreement") is made by and between Hooked-in LLC ("Company"), and you. This
Agreement provides the terms and conditions pursuant to which you may access and use this website
and the content available on the website ("Web Site") and any services that may be provided to you
by Company in connection with your use of the Web Site.
By accessing this Web Site, you are agreeing to be bound by these
Web Site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this Web Site are
protected by applicable copyright and trade mark law.
2. Use License
Subject to the terms and conditions of this Agreement, Company grants to you a non-exclusive,
non-transferable, revocable, limited license, without the right to sublicense, to access and use the
Web Site for the term of this Agreement. The Company reserves all rights not expressly granted to you herein, and no other rights and
licenses are granted or will be deemed to be granted hereunder.
3. Restrictions
You represent, warrant and covenant that (a) you will not distribute, transmit, display,
disclose, divulge, reveal, report, publish or transfer the Web Site to any third party or
reproduce or create derivative works based upon the same or any portion thereof, (b) you will
not attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt
to discover the source code of any software associated with the Web Site, and (c) Your uploading,
sending, or posting of any content in the Web Site does not and will not infringe or violate any
rights of any third party, including without limitation intellectual property rights and privacy
rights. Customer represents, warrants, and covenants that it shall not use or permit the Web Site
to be used (i) in violation of any applicable laws or regulations, (ii) for the propagation of worms
or viruses, (iii) to violate the rights of others (including without limitation intellectual
property or privacy rights), or (iv) in an abusive or inappropriate way, including without limitation
in a way that is defamatory, libelous, pornographic, obscene, threatening, or constitutes hate
speech. Company reserves the right to suspend your access to the Web Site (or a portion thereof)
without notice in the event that Company believes that you are in violation of this
paragraph or this Agreement, and to terminate this Agreement for violations of this paragraph.
Company may delete any content that it believes is a result of a violation of this paragraph.
4. Content License
With respect to content, including without limitation fishing reports and pictures, that you upload
to or submit for inclusion in this Web Site, you hereby grant to Company a non-exclusive,
royalty-free, irrevocable, perpetual, sub-licensable, transferable, worldwide license to use,
reproduce, modify, adapt, publish, transmit, perform, display, digitally display and digitally
perform, translate, create derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later developed.
5. Availability
Company, in its sole discretion and without any liability or notice to you, may at any time
deny access to the Web Site or any portion thereof for the purpose of website maintenance or
other business needs.
6. Disclaimer
The materials on Company's Web Site are provided "as is". Company makes no
warranties, expressed or implied, and hereby disclaims and negates all other warranties,
including without limitation, implied warranties or conditions of merchantability, fitness
for a particular purpose, or non-infringement of intellectual property or other violation
of rights. Further, Company does not warrant or make any representations concerning
the accuracy, likely results, or reliability of the use of the materials on its Web Site or
otherwise relating to such materials or on any sites linked to this site.
7. Revisions and Errata
The materials appearing on Company's Web Site could include technical, typographical,
or photographic errors. Company does not warrant that any of the materials on its web
site are accurate, complete, or current. Company may make changes to the materials
contained on its Web Site at any time without notice. Company does not, however, make
any commitment to update the materials.
8. Links
Company has not reviewed all of the sites linked to its Web Site and
is not responsible for the contents of any such linked site. The inclusion of any link
does not imply endorsement by Company of the site. Your use of any such linked web site
is at your own risk.
9. Limitations
In no event shall Company or its suppliers be liable for any damages (including,
without limitation, damages for loss of data or profit, or due to business interruption,)
arising out of the use or inability to use the materials on Company's Web Site,
even if Company or a Company authorized representative has been notified orally
or in writing of the possibility of such damage. Because some jurisdictions do not allow
limitations on implied warranties, or limitations of liability for consequential or incidental
damages, these limitations may not apply to you.
10. Miscellaneous.
(a) This Agreement shall be governed by the laws of the State of New Hampshire, without
regard to its principles of conflicts of laws. Any litigation arising from or relating to this
Agreement will be filed and prosecuted before a court of competent subject matter jurisdiction
in New Hampshire, the parties consent to the jurisdiction of such courts over them, and stipulate
to the convenience, efficiency and fairness of proceeding in such courts.
(b) This Agreement constitutes the entire agreement between the parties concerning the
subject matter hereof. Company may modify the terms and conditions of this Agreement at any time without
notice. Customer's continued use of the Web Site after such notification shall constitute Customer's acceptance of the
terms and conditions of this Agreement as amended. If Customer does not agree to the Agreement as
amended, Customer shall cease to use or access the Web Site.
(c) If any provision of this
Agreement should be held illegal or unenforceable by a court, such provision shall be modified to the
extent necessary to render it enforceable without losing its intent, or severed from this Agreement
if no such modification is possible, and other provisions of this Agreement shall remain in full force
and effect.
(d) No delay or omission of Company in exercising any right under this Agreement will
operate as a waiver of that or any other right.
(e) Customer acknowledges that its breach of Section 3 of this Agreement
will cause irreparable damage to Company. Therefore, in the event of any such breach or threatened
breach, in addition to other remedies which may be available, Company shall be entitled to specific
performance and injunctive relief for the enforcement thereof. In addition, Customer shall indemnify
and hold harmless Company against all liability, costs and damages (including reasonable attorney's fees)
arising from Customer's breach of Sections 3.
(f) Company will not be liable for any failure
of or delay in performance directly or indirectly due in whole or in part to causes beyond the reasonable
control of the Company.
(g) Company complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on this site you may contact our Designated Agent, Joseph Pych, at the following address: 6 Chase Road, Hanover, NH 03755.
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