MARCH 23, 2018
These terms of service (the “Terms”) apply to your use of the Barbless.co application, www.barbless.co.com, our other applications and tools, and any related services (collectively the “Services”) provided by Barbless.co. By accessing and/or using our Services, you confirm that you have read and agree to be bound by the Terms. If you are between 13 and 18 years of age, you hereby agree that your legal guardian has read these Terms and agree that you are bound by the Terms.
Barbless.co’s website and mobile applications are services for logging, tracking, and sharing fishing and fisheries management related information. By accepting these Terms, Barbless.co grants to you a non-exclusive, non-transferable, non-sub-licensable, and limited right to access and use our Services for your own private purposes only, provided that your use is in accordance with these Terms.
When you use or interact with our Services and the other users of the Services you may elect to send, upload, communicate, transmit, or otherwise make available content, such as pictures, video, text, sound, geographical position and other content (jointly “Content”), to us. However, you agree that the Content you send, upload, communicate, transmit or otherwise make available:
- Is true and does not constitute Content that is false or misleading;
- Does not constitute any information likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
- Does not constitute an infringement of the intellectual property (including copyright), publicity or privacy rights of any third party or otherwise violate such third party’s rights;
- Does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
- Does not contain any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
- Does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other users of the Services.
Barbless.co hereby reserves the right in its absolute discretion to remove any Content from the Services, but is not required to do so. Barbless.co does not review Content and is therefore not responsible for any third party Content or Content provided by you or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any Content.
In the event the Content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual or industrial property right (such as copyright), you thereby grant to Barbless.co an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sub-licensable and fully transferrable right to use, copy, reproduce, change, modify, translate, transfer, make publicly available and/or perform such Content in relation to our Services. To the fullest extent permitted under applicable law, you waive your moral right to and/or in the Content. You acknowledge and agree that we may share Content with our partners and/or companies that we cooperate with..
Certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. You may only use the Services if:
- You are thirteen (13) years of age or above;
- You agree to use the Services for your own private purposes only and not for any commercial use, such as marketing or sale of goods or Services;
- You agree that you will only send, upload, communicate, transmit or otherwise make available Content that you own or otherwise are permitted to make available in the Services;
- You agree that you will not use another person or entity’s name or e-mail address when you use our Services;
- If you create a user account, you agree that you will only create one account per platform, provide your full name and a valid e-mail address through which we will be able to contact you as well as any other step required in order to sign up for an account; you agree to keep your login details to your user account secure, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account; and you accept full responsibility for the activities carried out by the use of your account;
- You agree not to “harvest”, “scrape” or collect any personal information (such as user name and e-mail address) regarding other users of our Services without their consent;
- You agree not to decompile, disassemble or reverse engineer the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services; and
- You agree not to remove or amend any copyright or other proprietary notices.
In addition, if you agree that our Services is allowed to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.
Termination and Cancellation
You may terminate your account and use of the Services at any time. You agree that Barbless.co may terminate your account and use of the Services if you breach these Terms. However, Barbless.co does not intend to take such actions in case of a minor breach. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time.
You hereby acknowledge that if either we or you terminate your account, all your Content will be made inaccessible.
You hereby acknowledge and agree that as soon as you start using the Services you waive any statutory cancellation rights that you might otherwise have had.
Liability and Indemnity
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Barbless.co including its partners, affiliates, contractors, officers, directors, employees and agents shall not be liable for any loss of profit, loss of data or any other indirect damages in connection with the Services or otherwise under these Terms.
You agree to indemnify and hold Barbless.co, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms.
Disclaimer of Wattanties
You agree that the Services are used at your own risk. Unless otherwise stated in these Terms, the Services are provided “as is” and Barbless.co disclaims any and all warranties, whether express or implied, relating to the Services, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.
Barbless.co is entitled to assign any of its rights and obligations under these Terms without restriction.
Barbless.co may change the Services at any time, such as by adding or removing features or discontinuing the Services.
In addition, Barbless.co is entitled to modify these Terms at any time. We will notify you of any major modifications to the Terms by e-mail 30 days in advance, but you are advised to regularly review the latest version which is published at https://www.barbless.co/terms/. If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following notification of modified Terms shall constitute acceptance by you of such
Third Party Services
Barbless.co may include links to third party services and/or third party services may be made available to you via Barbless.co. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.
You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by Barbless.co or its licensors.
These Terms and all policies posted on our website represent the entire agreement between you and Barbless.co relating our Services, and replace all earlier agreements and understandings between you and us.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.
Applicable Law Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Barbless.co Products (“claim”), you agree that it will be resolved exclusively i in a California state court located in Butte County. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.