Content and Layout
All Content and copy edits submitted by Vendors are subject to review and approval at FishingBooker's sole discretion. We reserve the right to refuse to publish any Content that we determine, at our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we will not accept any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content, and/or photographs, or any change made to any Content, photograph, or copy submitted by any Vendor. All Content must meet these Terms. We reserve the right to edit Content submitted to comply with these Terms, Platform Rules and Guidelines, and established content quality standards or formatting requirements.
By posting any content on the FishingBooker platform, you consent that some parts of your account, such as the Captain's biography, listing and trip description, boat description, pick-up location, and other information may be edited by FishingBooker in order to enhance the presentation and quality of the content to Customers, to edit the information to reflect the reality based on the credentials prior provided by the Vendor, or for any other reason related to the quality and accuracy of the displayed content.
Vendors are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Vendor intended.
FishingBooker does not accept any references to the Vendor's personal website or contact details, and reserves the right to remove any such references. In case of infringement of this policy, FishingBooker reserves the right to block a Vendor's use of the site.
Posting any Content that FishingBooker deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity, and privacy. FishingBooker reserves the right to remove Content at its sole discretion.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FishingBooker, Inc. and its successors, licensees, and assigns are granted all rights to a Vendor’s Content, including rights for commercial use of a Vendor’s name, image, likeness, or any other identifiable aspect of identity. By listing and posting Content, Vendors grant FishingBooker, Inc. an irrevocable, sub-licensable, transferrable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, alter, translate, distribute, publicly perform, publicly display, make derivative works of, and list information regarding all Content and technology now known or developed in the future for FishingBookers and its successors' and affiliates’ business.
By receiving verified customer reviews or providing FishingBooker-produced testimonials, Users assign, transfer, and convey to FishingBooker all intellectual property rights, title, and interest. FishingBooker may use, duplicate, modify, publish, alter, translate, distribute, publicly perform or display, and make derivative works of all reviews, testimonials, and technology now known or developed in the future for FishingBooker’s and its successors' and affiliates’ business. For any further use of reviews and testimonials outside of the FishingBooker platform, Vendors, Customers, or any other third party needs to receive direct consent from FishingBooker.
If you choose to use FishingBooker's photography/video service, you agree that FishingBooker will own all rights, titles, and interests in and to the copyright rights in the resulting images.
FishingBooker’s mission is to bring Captains and Anglers from all around the world closer together. FishingBooker has undertaken a project to create videos for Vendors who list on our platform. Due to the number of Vendors that are listed and continue to list, it is a process that will take time and effort. Vendors are filmed in an order defined by objective terms that include but are not limited to the number of successful bookings, customer reviews, accessibility of Vendor’s location, time spent on the FishingBooker platform, etc. FishingBooker does not give any material on non-material goods to Vendors for creating videos, nor does it receive them from Vendors in exchange. By creating videos, FishingBooker does not endorse any Vendor, Customer, or listing.
Videos created by FishingBooker are offered to the public for information and entertainment purposes only. FishingBooker uses its best efforts in producing these videos but does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of videos. Vendors are required by this Agreement to provide accurate information. However, FishingBooker does not guarantee results nor make warranties as to their success or safety. Any risk remains solely with the User and how they interpret the video information.
The information contained in these videos is strictly for entertainment and informational purposes. Therefore, if you wish to apply concepts or ideas contained in these videos, you takefull responsibility for your actions. FishingBooker will not, in any event, be held liable to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, without warranties.
As in all cases, viewers should never take any information perceived from these or any other videos at face value and should always do their own due diligence on any viewed material to form their own opinions and best judgments. Where applicable, the advice of a competent legal, tax, accounting, or other professional should be always sought before taking action of any kind.
These videos are copyrighted by FishingBooker with ALL rights reserved. No part of this may be copied or changed in any format, sold, nor used in any way other than as outlined within this Agreement under any circumstances without express permission from FishingBooker.
FishingBooker respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, FishingBooker has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible in this Platform, please notify FishingBooker at [email protected].
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- Your full name and the physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
- Identify the copyrighted work that you believe is being infringed or, if multiple copyrighted works are covered by the notice, a representative list of such works;
- Identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that FishingBooker can find it (such as the item's URL);
- Your contact information so that FishingBooker representatives can contact you (such as an address, telephone number, or email);
- A statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by FishingBooker; and
- A statement that the information you provide in your notice is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
FishingBooker does not allow copyright-infringing activities on the platform. Should FishingBooker receive a takedown notice in accordance with the above steps, we will notify the alleged infringer that you have claimed ownership of the rights of this content and that we have complied with your takedown notice for the content.
Customer Review Rules
You may submit your reviews, contributions, and fishing experiences.
By submitting reviews and contributions, you assign, transfer, and convey to FishingBooker all intellectual property rights, title, and interest. FishingBooker may use, duplicate, modify, publish, alter, translate, distribute, publicly perform or display, and make derivative works of such content throughout the world via any media.
By submitting your review, you represent and warrant that:
- You own or control the content of your review and it is your own original work. Reviews should be genuine experiences and content should be relevant and helpful to other Customers of the website;
- The content is not defamatory and does not infringe on any applicable content laws – this means you should not submit reviews that contain words, language, or content that is or may be considered unlawful, defamatory, libelous, abusive, racially or sexually offensive, or obscene;
- Your review does not contain any harmful content, including without limitation, viruses, worms, Trojan horses or other computer programs that may damage or affect any system or data;
- Your review does not contain questions or comments aimed at other Customers or Vendors or our staff and/or representatives;
- You will indemnify and hold harmless us and all our affiliates for all damages, costs, and expenses incurred for breach of these warranties.
We reserve the right not to publish reviews, to amend the content of reviews at any time, and to remove reviews from this Website without notice after publication at our sole discretion.
Publication of these reviews and their content does not signify that we agree with the views and content given.
Please read this Review Policy, in our Platform Rules and Guidelines, as it constitutes an integral part of these Terms.
By submitting a verified review on FishingBooker’s platform, you grant an exclusive right to FishingBooker. All customer reviews written by FishingBooker Users will be copyrighted by FishingBooker with all rights reserved. No part of the reviews may be copied, changed in any format, sold, or used in any way other than what is outlined within this agreement under any circumstances without express permission from FishingBooker.
By agreeing to the Terms of Service, we may post your testimonial or reviews on the Services along with your full name. If you want your testimonial removed, please contact us via [email protected].
In accordance with FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this site are actually received via text, audio, or video submission. They are individual experiences reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. FishingBooker is not responsible for any of the opinions or comments posted to our site. FishingBooker is not a forum for testimonials, however, it provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by the FishingBooker team. The opinions, views, or commentary of any testimonials on this site are strictly the views of the reviewer and do not reflect the views of FishingBooker or any of its employees or affiliates.
As a consumer/user of FishingBooker products and/or services, by submitting your testimonial, you give us permission to reprint, reproduce, or use the testimonial in connection with our business. You also agree to the following:
- The reprint, reproduction, or use of the testimonial will be at our discretion and without compensation.
- We may use the testimonial with or without any pseudo (pen) name credit.
- Our right to use the testimonial is perpetual and may be assigned by us.
- We may use the testimonial locally, nationally, or globally, and such use may be made in any media, information, or communication platform (including internet advertising) currently in use or later developed.
- You and not someone else composed, submitted, and posted the testimonial. By submitting your testimonial, you agree to the terms and conditions as listed in this document.
Should FishingBooker use any of the testimonials in its advertising activities, these testimonials are for the sole purpose of FishingBooker’s service promotion and do not constitute an endorsement of any User.
Comments and Views Expressed Disclaimer
All opinions and comments should contribute to dialog. FishingBooker does not condone any form of harassment, written attacks, insults, vulgarity, or indecency whether perpetrated in writing or the transmission of images. Vendors agree not to do any of the following:
- upload to or transmit, using FishingBooker pages, any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or maybe, protected by copyright, without permission from the copyright owner;
- use FishingBooker pages to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
- misrepresent an affiliation with any person or organization;
- upload to or transmit any advertisements or solicitations of business on FishingBooker pages;
- upload or otherwise transmit files that contain a virus or corrupted data;
- collect information about others (including email addresses) without their consent;
- upload files or photos, or include in a comment links that Users know, or have reason to believe, cannot be distributed legally using FishingBooker page or that Users have an obligation to keep confidential;
- engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the FishingBooker platform, or which may harm FishingBooker or visitors to FishingBooker, or expose them to liability.
FishingBooker reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for the FishingBooker platform and its visitors, and can terminate any User's ability to access the FishingBooker platform. However, FishingBooker can neither review all material that is posted on its pages nor ensure prompt removal of objectionable material. Accordingly, FishingBooker assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. FishingBooker has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
A User's failure to comply with these guidelines may result in the termination of their access to the FishingBooker platform. Under no circumstances will FishingBooker be responsible or liable in any way for any content, including but not limited to, any errors or omissions in the content or for any loss or damage of any kind incurred as a result of any content communicated on the FishingBooker platform, whether by a User or a third party. In no event will the User be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the availability, use, or performance of any information communicated on the FishingBooker platform.
FishingBooker is not responsible for any inaccuracy or incompleteness in the information provided by Vendors. It is the Vendor's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain(s), legal requirements, identification requirements for renters, insurance, etc). If a Vendor discovers that their listing details are inaccurate or incorrect, it is the Vendor's sole responsibility to correct the information in the Vendor account interface or contact a FishingBooker representative to resolve any such error.
FishingBooker may, without notice to Users, suspend or cancel a User's account at any time without receiving notice from them or giving notice to them if we suspect, at our sole discretion, that their account with FishingBooker or their email account is being used in an unauthorized or fraudulent manner. Please look at our Content Terms for more detailed information.
You agree not to modify, reverse engineer, or decompile Widgets, or remove or modify any attribution, promotional text, branding, or links provided by FishingBooker with or in a Widget code. You agree not to syndicate or otherwise distribute Widgets to any third party.
The Widget is provided "as is" with all faults. FishingBooker is not responsible for:
- Any content, accuracy, or performance of any Widget
- Any express or implied warranties of a Widget
- Any third party content which may be delivered through a Widget
- Any liability of any nature relating to such third party content
- FishingBooker may change its technical processes for serving content and/or responding to Widgets, or otherwise modify a Widget at its sole discretion.
- FishingBooker may cease to deliver content or otherwise support a Widget if the Widget violates applicable law or the rights of any third party, or for any other reason or no reason at all, in each case at FishingBooker’s sole discretion.
- Vendors agree that they will remove a Widget from their website if they become aware that it violates copyright or any other applicable law, or if FishingBooker notifies Vendors in writing that they should do so.
- By providing a Widget, FishingBooker does not endorse or otherwise affiliate itself with a Vendor’s website.
- Except as may be incidentally implied by the basic operation of the Widget itself (e.g. through any FishingBooker branding or links displayed by operation of the Widget), a Vendor may not display a Widget in a way that implies such an endorsement or affiliation.
You may not display a Widget on a website containing content that is pornographic, that promotes or incites hatred or violence, that invades personal rights including rights of privacy, that violates any law including intellectual property laws, or that interferes with the functioning of other websites. In the event of a legal claim arising against FishingBooker from your use of the Widget, you agree to indemnify FishingBooker for all liability and expenses incurred as a result of that claim.
FishingBooker may modify or terminate this contract and your use of any Widget at any time at its sole discretion.
Weather Widget Disclaimer
- General - The information provided by FishingBooker is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
- Tide variations - Unofficial tide variations and tide predictions for secondary ports which are calculated using average time differences should not be used for navigation.
- Emergency situations - Information provided by FishingBooker must not be used in emergency situations. In emergencies, please refer to your official local government forecasting agency.
- The nature of weather - It is important to remember that weather is unpredictable. Weather forecasting is not an exact science, and weather observations can contain errors, omissions, or loss of data.
- System failures and technical glitches - It is also important to remember that system failures and technical glitches can occur that may result in errors, omissions, loss of data, or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in FishingBooker system failures.
- Liability indemnity - As a result of the nature of weather and the existence of system failures and technical glitches, FishingBooker does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of the use of information displayed on FishingBooker or provided by FishingBooker, or if FishingBooker is unavailable. This may also include information provided to FishingBooker by external websites.