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Terms of service

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This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version will be controlling. Please note that Section 14 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: March 7, 2019.

This Statement of Rights and Responsibilities ("Statement") derives from the Alaska FishTopia Privacy Policy, and governs our relationship with users and others who interact with Alaska FishTopia. By using or accessing Alaska FishTopia, you agree to this Statement.

These terms of service (the "Terms") apply to your use of the Alaska FishTopia application,  www.AKFishtopia.com , our other applications and tools, and any related services (collectively the "Services") provided by Alaska FishTopia, a division of Alaska Boat Rental and Fishing Academy duly incorporated and organized under the laws of Alaska, having its registered address at 125 N .  Willow St ,  STE B  Kenai,  AK , 99611. By accessing and/or using our Services, you thereby confirm that you have read and thereby 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.

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1. Services

Alaska FishTopia's website and mobile applications are services for enhancing the wide variety of outdoor Alaska activities and for enhancing the productivity, safety, and overall enjoyment of Alaska along with events and entertainment throughout the state. By accepting these Terms, Alaska FishTopia grants to you a non-exclusive, non-transferable, non-sublicensable, 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.

You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.

While Alaska FishTopia through these Terms gives you access and permission to use our Services in accordance with these Terms, you acknowledge that you are fully responsible for obtaining the relevant fishing permits, regulations, licenses, stamps and any other regulatory requirements. Additionally while Alaska FishTopia provides convenient access to a wealth of information from sources such as Alaska Department of Fish and Game, NOAA, USGS, and more, it is the users responsibility to ensure accuracy of things such as weather forecasts, safety related concerns and more. The best planning is always done with a variety of tools as predictions such as weather have a wide range of variability.

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2.0 Registration and Account Security

Alaska FishTopia users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    • You will not provide any false personal information on Alaska FishTopia, or create an account for anyone other than yourself without permission

    • You will not create more than one personal profile.

    • If we disable your account, you will not create another one without our permission.

    • You will not use your personal profile for your own commercial gain.

    • You will not use Alaska FishTopia if you are under 13.

    • You will not use Alaska FishTopia if you are a convicted sex offender.

    • You will keep your contact information accurate and up-to-date.

    • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

    • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

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3.0 Safety

We do our best to keep Alaska FishTopia safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

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4. Content

Alaska FishTopia holds the qualities of respect for others and originality of creation in high regard. 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, information on your geographical position and other content (jointly "Content"), to us and/or other users of the Services. However, you agree that the Content you send, upload, communicate, transmit or otherwise make available:

Alaska FishTopia appreciates the opportunity to be notified of any objectionable or unauthorized use of Content, and users, rights holders and licensees are invited to inform Alaska FishTopia of any potential violations by sending an email to us at support@akfishtopia.com.

Alaska FishTopia hereby reserves the right in its absolute discretion to remove any Content from the Services, but is not required to do so. Alaska FishTopia 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.

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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 Alaska FishTopia an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable 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.

 

5. User conduct

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:

 

6. Privacy

When you sign up for an account you provide personal details to us that may be deemed as personal information under the applicable legislation. Alaska FishTopia is acting as the party responsible for your personal data. By using our Service, you agree to the collection and use of personal data in accordance with our Privacy Policy, which is published at:  www.akfishtopia.com/privacy.html

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.

 

7. Cookies

When you visit or interact with our Services, Alaska FishTopia or our authorized Services providers may use cookies to store certain types of information for each time you visit or interact with our Services. By accepting these Terms you agree to Alaska FishTopia using cookies in accordance with our Privacy Policy, which is published at: www.akfishtopia.com/privacy.html

 

8. Termination and cancellation

You may terminate your account and use of the Services at any time. You agree that Alaska FishTopia may terminate your account and use of the Services if you breach these Terms. However, Alaska FishTopia 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.

 

9. Liability and indemnity

You agree to indemnify and hold Alaska FishTopia, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages.

 

10. Disclaimer of warranties

You agree that the Services are used at your own risk. Unless otherwise stated in these Terms, the Services are provided "as is" and Alaska FishTopia 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.

 

11. Assignment

Alaska FishTopia is entitled to assign any of its rights and obligations under these Terms without restriction.

 

12. Modifications

Alaska FishTopia may change the Services at any time, such as by adding or removing features or discontinuing the Services.

In addition, Alaska FishTopia is entitled to modify these Terms at any time. We will notify you of any major modifications to the Terms by email 30 days in advance, but you are advised to regularly review the latest version which is published at  https://Alaska FishTopia.com/terms-of-service . If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following the notification of modified Terms shall constitute acceptance by you of such Terms.

 

13. Payment

You may subscribe to Alaska FishTopia's premium service as well as other in-app premium features. If you are between 13 and 18 years you are eligible only if your legal guardian has consented thereto. We may change our fees from time to time by posting the changes on the Alaska FishTopia site or sending information by email 30 days in advance. If you continue to use the Services after the new fees apply you accept the new fees.

 

14. Third party services

Alaska FishTopia may include links to third party services and/or third party services may be made available to you via Alaska FishTopia. 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.

 

15. Intellectual property

You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by Alaska FishTopia or its licensors.

 

16. Entire Agreement

These Terms and all policies posted on our website represent the entire agreement between you and Alaska FishTopia 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.

 

17. Applicable law and disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Alaska. We both agree that the courts of the United States and the State of Alaska shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.

  • You will not send or otherwise post unauthorized commercial communications (such as spam) on Alaska FishTopia.

  • You will not collect users' content or information, or otherwise access Alaska FishTopia, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

  • You will not engage in unlawful multi-level marketing on Alaska FishTopia.

  • You will not upload viruses or other malicious code.

  • You will not solicit login information or access Alaska FishTopia account belonging to someone else.

  • You will not bully, intimidate, or harass any Alaska FishTopia user.

  • You will not post content on Alaska FishTopia that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

  • You will not offer any contest, giveaway, or sweepstakes ("promotion") on Alaska FishTopia without our prior written consent. If we consent, you take full responsibility for the promotions all applicable laws.

  • You will not use Alaska FishTopia to do anything unlawful, misleading, malicious, or discriminatory.

  • You will not do anything that could disable, overburden, or impair the proper working of Alaska FishTopia, such as a denial of service attack.

  • You will not facilitate or encourage any violations of this Statement.

    • 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.

    • 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.

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