Terms and Conditions

Last update: 9th April 2017

Thank you for using Fishing Points mobile application (hereinafter “Application”). 

Please read this terms and conditions carefully before agreeing or downloading or using the Application. In order to use the Application, you must first accept this Terms and Conditions. By clicking the accept button or downloading or using the Application, you are entering into and agreeing to be bound by the Terms and Conditions of this Agreement. These terms and conditions constitute a legal agreement between you and the owner of Application (hereinafter "us", "we", "our" or the “Company”).

If you do not or cannot accept this Terms and Conditions, you are not permitted to use the application. In such case do not download or use the Application.

1. General

The Application is licensed to you by the Company for use strictly in accordance with the Terms and Conditions of this License, and any established by any other third party usage rules or terms of use. The term shall refer to and consist of the following: (i) the mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific website the Application directs you to via any browser located on mobile device (hereinafter “Mobile Device”).

2. License Grant and Restrictions on Use

2.1 License Grant

Company grants you a revocable, non-exclusive, non-transferable, personal, non-sublicensable, limited and non-transferable right to download, install and use the Application on a single Mobile Device owned and controlled by you, and to access and use the Application on such Mobile Device strictly in accordance with the Terms and Conditions of this License, the usage rules and any service agreement associated with your Mobile Device.

2.2 Restrictions on Use

You shall use the Application strictly in accordance with the Terms and Conditions and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Company; (g) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (h) be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Intellectual Property Rights

3.1 Rights to Application

You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.

3.2 Third Party Software

The Application may utilize or include third party software that is subject to open source and third party license terms. You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be publically available software.

3.3 Company’s Marks

You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.

3.4 Infringement Acknowledgement

You and Company acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party intellectual property rights, you (and not Company) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

4. Restriction on Transfer

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Third Party Content and Services

5.1 General

You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties.

5.2 Disclaimer

You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.

5.3 Third Party Terms of Service

You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.

5.4 Endorsements

You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company has no obligation to restrict or deny access even if requested by you.

5.5 Use of Third Party Content and Services

You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you.

6. Term and Termination

6.1 Term

This License shall be effective until terminated.

6.2 Termination

Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by the Company. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device. If you terminate the subscription in the middle of billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle (we will not refund previously paid amounts). You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this agreement.

7. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, SECURITY AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. NAVIGATION SYSTEM DOES NOT PROVIDE FULL NAVIGATION IN TERMS OF AVOIDING SHALLOW WATERS, COASTS, ISLANDS OR ANY OTHER OBSTACLES. THEREFORE, IT SHOULD NOT BE RELIED ON OR USED FOR NAVIGATION. MAPS AND CHARTS MIGHT BE INACCURATE AND ARE NOT UPDATED REGULARLY. THEREFORE, YOU SHOULD NOT RELY ON THEM (ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION FOR SAFE NAVIGATION). ACCURACY OF THE APP RELIES ENTIRELY ON THE GPS SIGNAL QUALITY, YOUR MOBILE DEVICE GPS OR AND LOCATION SERVICES AND COMPASS CHIP. ANY INTERFERENCES MAY CAUSE WRONG DATA. APPLICATION IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS, WHERE PRECISE LOCATION IS NEEDED, OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. LOCATION AND OTHER DATA MAY NOT BE ACCURATE, THEREFORE,YOU SHOULD NOT RELY ON IT. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnification

You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or wilful misconduct; or (v) Your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

10. Compatibility

Company does not warrant that the Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that Company and its employees, directors, shareholders, affiliates, partners, suppliers or licensors and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

11. Product Claims

You acknowledge that you (not Company) are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Company from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

12. Miscellaneous

12.1 Severability

If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.

12.2 Modification or Amendment

Company may modify or amend the terms of this Agreement at its sole discretion at any time without prior notice, by posting a copy of the modified or amended Agreement on the Company website “https://fishingpointsapp.com”. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified or amended Agreement is posted on the Company website. You are responsible to regularly reviewing the Terms and Conditions.

12.3 Mobile charges

The internet connection required to use the Application and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your own expense.

12.4 Ads

Free version of Application may show advertising content from various ad providers. Ad content might be based on the information collected by the ad service. Ads cannot be removed in free version of Application.

12.5 Improvement of Application

We are constantly changing and improving our app. We may add, remove, modify, change, limit, disable, suspend or discontinue (temporarily or permanently), the Application or any service to which it connects at any time, without notice and without liability to you. You acknowledge that Apple / Google  has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You also acknowledge that the Company has no express or implied obligation to announce or make available any updates to the Application to anyone in the future.

12.6 Google Play services

Application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google Firebase, Google Admob, Google In-app Billing etc..

12.7 Apple services (iOS devices only)

iOS application may use Apple Services in order to work properly. That includes iCloud service, Apple In-App Purchase service.

12.8 Subscription terms

The download and usage of Fishing Points App is free of charge. Upgrade to Premium version is available on a yearly or / and monthly subscription basis (price may vary between locations). Should you choose to upgrade to Premium version, payment will be charged to your Google or iTunes account at confirmation of purchase. Your subscription renews automatically unless auto-renew is turned off at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions can be managed and auto-renewal may be turned off in your Account Settings in iTunes (iOS devices) or Play Store (Android devices) after purchase. No cancellation of the current subscription is allowed during active subscription period.

12.9 Battery life

Continued use of location services running in the background can dramatically decrease battery life.

12.10 Contact Information

If you have any questions about this Terms and Conditions, please feel free to contact us at any time on our email address: fishingpointsapp@gmail.com.