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Terms of service

These terms of service (the "Terms") apply to your use of the TipTop Fish application, tiptop.fish website, our other applications (including mobile applications) and tools, API, email notifications, and advertisements and any related services (collectively the "Services").

Services are owned or controlled by Konstantin Breysler, sole proprietor, doing business as TipTop Fish company in Oceanside, California ("TipTop", "TipTop Fish", "we" or "us" or "company").

By accessing and/or using our Services, you thereby confirm that you have read and thereby agree to be bound by the Terms.

1. Services

TipTop's website and mobile applications are services for logging, tracking, and sharing fishing related information. By accepting these Terms, TipTop 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.

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 TipTop through these Terms gives you access and a permission to use our Services in accordance with these Terms, you acknowledge that you are fully responsible for obtaining the relevant fishing permits or other authorizations, etc. needed in order to fish at a location which may be presented to you in our Services.

2. Content

TipTop Fish 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:

  1. Is true and does not constitute Content that is false or misleading;
  2. 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;
  3. 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;
  4. Does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
  5. Does not contain any unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  6. 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.

We appreciate the opportunity to be notified of any objectionable or unauthorized use of Content, and users, rights holders and licensees are invited to inform TipTop Fish of any potential violations by sending an email to us at legal@tiptop.fish.

We hereby reserve the right in its absolute discretion to remove any Content from the Services, but are not required to do so. We do 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.

3. User conduct

  1. You are thirteen (13) years of age or above;
  2. You can form a binding contract with us and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction;
  3. You agree to use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations;
  4. 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;
  5. 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;
  6. You will not post Content that is the private or confidential information of others, including credit card information, social security or identity numbers, non-public phone numbers or non-public email addresses;
  7. You agree that you will not use another person or entity's name or phone or email address when you use our Services;
  8. 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;
  9. You accept full responsibility for the activities carried out by the use of your account;
  10. You agree to notify us immediately of any unauthorized access to your account or any other breach of security;
  11. You will keep your contact information accurate and up-to-date;
  12. You agree not to "harvest", "scrape" or collect any personal information (such as user name and email address) regarding other users of our Services without their consent;
  13. 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;
  14. You agree not to remove or amend any copyright or other proprietary notices;
  15. You will not upload viruses or other malicious code;
  16. You will not bully, intimidate, defame, stalk, impersonate, or harass any user;
  17. You will not post Content that is threatening, incites or encourages violence, contains gratuitous or graphic violence; is pornographic or sexually suggestive, contains nudity or partial nudity; is unlawful, discriminatory, infringing, or that is hate speech;
  18. You will not interfere or disrupt the Service, or servers or networks connected to the Service, including by use of any device, false information, service overload, or worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature;
  19. You must not inject Content, code, or otherwise alter or interfere with the way any Service content or page is rendered or displayed in a user’s browser or device.

3.1. Linking to the Service and social media features

You may link to our Service homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us to remove any links, content, codes, or features as permitted by these Terms.

4. Sharing your content and information

You own all of the content and information you post on TipTop Fish, and you can control how it is shared through your application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license 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.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
  4. We always appreciate your feedback or other suggestions about TipTop Fish, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

5. 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. TipTop Fish is acting as the party responsible for your personal data. By accepting these Terms you consent to TipTop Fish using the data collected in accordance with our Privacy Policy, which is published at: https://tiptop.fish/privacy.

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.

6. Cookies

When you visit or interact with our Services or our authorized Services providers, we use cookies to store certain types of information for each time you visit or interact with our Services. By accepting these Terms you consent to TipTop Fish using cookies in accordance with our Privacy Policy, which is published at: https://tiptop.fish/privacy.

7. Termination and cancellation

You may terminate your account and use of the Services at any time.

You agree that TipTop Fish may terminate your account and use of the Services if you breach these Terms. However, TipTop Fish 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.

We have the right to:

  1. remove or refuse to post any Content for any or no reason in our sole discretion;
  2. take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Terms;
  3. reclaim or disable any user name or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If we disable your account, you will not create another one without our permission.

Without limiting the foregoing, we have the right to fully cooperate 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 Service. You waive any claims against and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any party during or as a result of our cooperation with law enforcement authorities or court order.

8. Liability and indemnity

8.1. Limitation of liability

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 Service, any services linked to it, any Content on the Service or such other services or any services or items obtained through the Service or such other services, 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.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

8.2. Indemnification

You agree to defend, indemnify and hold harmless TipTop Fish, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Content, any use of the Service's Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

9. 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 TipTop Fish 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.

9.1. Reliance on information posted

Although we strive to provide complete, correct, and useful information for our TipTop Fish community through the Service, the information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TipTop Fish. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9.2. Links from the Service

If the Service contains links to other sites, applications and resources provided by third parties, including links contained in advertisements, including banner advertisements and sponsored links, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

10. Modifications

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

In addition, TipTop Fish is entitled to modify these Terms at any time.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. We may post notices of revisions to the Terms, but you cannot rely on our notifying you of changes. You must, and are expected to, check the posted Terms from time to time so you are aware of any changes, as they are binding on you.

11. Payment

You may subscribe to TipTop Fish's premium service.

If you are between 13 and 18 years of age your subscription only if your legal guardian has consented thereto.

We may change our fees from time to time by posting the changes on our site 30 days in advance. If you continue to use the Services after the new fees apply you accept the new fees.

12. Intellectual property

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

13. Entire agreement

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

14. Applicable law and disputes

14.1. Governing Law and Jurisdiction

All matters relating to the Service and these Terms 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

You agree that any lawsuit, legal action or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms 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.

14.2. Arbitration

At TipTop Fish's sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Service, 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 California law.

14.3. Limitation on time to file claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

15. Your comments and concerns

Feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support@tiptop.fish

Date of Last Revision: May 1, 2018