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FishCan - Terms of Use
BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Material on FishCan.Com is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
DESCRIPTION OF SERVICE
FishCan.com provides users with a service to track and record information about visitors to their web site. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FishCan.com properties, will be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that FishCan.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FishCan.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FishCan.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register for some services offered, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FishCan.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FishCan.com cannot and will not be liable for any loss or damage arising from your failure to comply with your own duty to maintain your own security and privacy.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FishCan.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that visitor logs will be retained by the Service. You agree that FishCan.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FishCan.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FishCan.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
LINKS AND THIRD PARTY SITES
This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. These other sites are not under the control of FishCan.Com, and you acknowledge that FishCan.Com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by FishCan.Com or any association with its operators.
FishCan.Com welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by FishCan.Com. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the FishCan.Com site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the FishCan.Com site without prior written consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
The materials on FishCan.Com's web site are provided "as is" and without warranties of any kind either express or implied. FishCan.Com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither FishCan.Com, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of FishCan.Com's web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that FishCan.Com or the server that makes them available are free of viruses or other harmful components. The material that you read on FishCan.Com's web site is provided solely for entertainment and promotional purposes. FishCan.Com does not warrant or make any representations regarding the use or the results of the use of the materials in FishCan.Com's web site in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that use of the FishCan.Com site is at your sole risk. You (and not FishCan.Com) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither FishCan.Com, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of FishCan.Com's web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other FishCan.Com web site. By way of example, and without limiting the generality of the foregoing, FishCan.Com and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that FishCan.Com is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
INDEMNIFICATION
Upon a request by FishCan.Com, you agree to defend, indemnify, and hold harmlessFishCan.Com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. FishCan.Com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FishCan.Com in asserting any available defenses.
INTERNATIONAL USE
FishCan.Com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
TERMINATION
FishCan.Com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
COPYRIGHT NOTICE
Copyright © 2005 Fishcan.com All rights reserved. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions. "FishCan.com" and logos are service marks of FishCan.com.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
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