Welcome to the DIYFishing.com website (the “Website”). This Website is provided solely to assist anglers in securing information on places to go fishing, places to stay during their visits and needed service providers, and for no other purpose. Use of the Website for any other purpose is strictly prohibited. The terms “we”, “us”, “our” and “DIYFishing” refer to Do It Yourself Fishing LLC, a Florida corporation. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Here is a quick summary, which in no way substitutes for reading the entire Agreement:
1) We help travelling anglers find new places to fish and we provide them where-to-go information on local fisheries designed to facilitate their enjoyment of those fisheries and succeed in their quest to catch fish. All information provided is based on the facts available to DIYFishing at the time it was posted. Though DIYFishing works hard to verify, update, and constantly improve all posted where-to-go information, it cannot and does not guarantee the accuracy, efficacy, or timeliness of any of the directions and recommendations posted on this Website. DIYFishing assumes no responsibility for any losses of time, any damage to equipment, any injury, any illness, or any death that might proceed from acting on any of the where-to-go information posted on this Website.
2.)DIYFishing also accepts advertisements and publishes information about fishing-related service providers (including fishing guides, boat and kayak rental agents, operators of various kinds of tourist concessions, purveyors of fishing equipment and bait, marina operators and others); about vacation rental properties; and about makers of fishing-related products. However, we are not a travel or real estate agency or a purveyor of any kind of fishing-related service or product. When you inquire about or book a service, or arrange a vacation rental, or purchase a product described, listed or advertised on this web site, you will be dealing with those purveyors or service providers directly on any and all matters, including refunds and cancellations.
3) We collect guest reviews from anglers who visit areas we write about and who stay in vacation rental properties we advertise. If you submit a review, we’ll protect your privacy and we will have the right to publish and use your review.
4) We list vacation rental information. If we include information about vacation rentals you manage or own, you agree that you’ll provide us accurate information about your rentals, your guests and you give us the right to publish and use this information.
5) We protect our brand, content, website and users. If you trying to hurt us or our users, it’s prohibited, and we limit our liability from and disclaim the bad things you may do.
WEBSITE IS A VENUE AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR RENTAL AGREEMENTS
We urge all users to be responsible about their use of this Website and any transaction entered into or any action taken as a result of our advertising or listing a rental property, advertising or listing a service provider, and advertising or listing a product. We do not own or manage any rental properties, service agencies, or any makers of fishing related products. DIYFishing acts as a venue to allow homeowners, property managers, service providers, and product makers who advertise on the Website to communicate with our users and enter into agreements and other transactions. We are not a party to any of these transactions. Specifically, as regards real estate transactions, any part of an actual or potential transaction between a traveler and a property owner or property Manager, including the quality, condition, safety, or legality of the properties advertised, the accuracy of the listing content, the ability of property Managers to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with a Property Manager prior to making a booking and such agreement may place additional restrictions on your booking.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations, bona fide service agreements and product purchase decisions for yourself or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current, and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
DIYFishing grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy, and print portions of the Website content solely for the purpose of advertising or contracting for a fishing-related service, advertising or contracting for a vacation rental property, searching for a vacation rental property, or for any other purpose clearly stated on Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (iii) any displays or printouts of Website content must be marked “(c) 2016, DIYFishing LLC. All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of DIYFishing LLC is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(vi) deep-link to any portion of this Website for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) take any action that may undermine the feedback of our users, including posting false, inaccurate or misleading feedback and reviews;
(viii) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(ix) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with anglers, vacation property owners, service providers and makers of products you read about on this Web Site through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER DIYFISHING NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR DIYFISHING ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH DIYFISHING AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the DIYFishing logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of DIYFishing or its licensors or users and are protected by U.S. and international copyright laws. All contents of this Website are: ©2016 DIYFishing LLC. All rights reserved. DIYFishing LLC is not responsible for content on websites operated by parties other than DIYFishing LLC. DIYFishing and the DIYFishing logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of DIYFishing and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DIYFishing or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DIYFishing and may not be copied, imitated or used, in whole or in part, without the prior written permission of DIYFishing. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DIYFishing.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, you grant DIYFishing and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that DIYFishing may choose to provide attribution of your comments or reviews at our discretion, and that such submissions may be shared with our supplier partners. You further grant DIYFishing the right to pursue at law any person or entity that violates your or DIYFishing’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the DIYFishing website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content that, in the sole judgment of DIYFishing, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose DIYFishing or its affiliates or its users to any harm or liability of any type.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that DIYFishing may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
DIYFishing takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DIYFishing liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DIYFishing is not liable for any statements, representations or Content provided by its users in any public forum. Although DIYFishing has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, DIYFishing reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and booking of vacation home rentals and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. DIYFishing urges travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, DIYFISHING DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. DIYFISHING AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “DIYFISHING AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF VACATION HOME RENTAL PROPERTIES, FISHING-RELATED SERVICES, WHERE-TO-GO FISHNG INFORMATION, AND OTHER PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, DIYFISHING EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
DIFFISHING, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY DIYFISHING OR DIYFISHING AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DIYFISHING AND DIYFISHING AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM DIYFISHING AND DIYFISHING AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIYFISHING AND DIYFISHING AFFILIATES AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE PROPERTY MANAGERS, OWNERS, SERVICE PROVIDERS AND OTHERS SUPPLIERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF DIYFISHING, OR DIYFISHING AFFILIATES. DIYFISHING AND DIYFISHING AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. DIYFISHING AND DIYFISHING AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL DIYFISHING, DIYFISHING AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DIYFISHING, DIYFISHING AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE DIYFISHING, DIYFISHING AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
If, despite the limitation above, DIYFishing, DIYFishing Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then DIYFishing, DIYFishing Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of DIYFishing, DIYFishing Affiliates, and/or their respective suppliers.
You agree to defend and indemnify DIYFishing, DIYFishing Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray DIYFishing or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DIYFishing logo or other proprietary graphic of DIYFishing to link to the Website without the express written permission of DIYFishing. Further, you may not use, frame or utilize framing techniques to enclose any DIYFishing trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without DIYFishing’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DIYFishing or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of DIYFishing or any third party without the prior written permission of DIYFishing or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to websites operated by parties other than DIYFishing. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of DIYFishing, DIYFishing Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by DIYFishing on this Website is believed to be accurate, but the DIYFishing, DIYFishing Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, please click here for additional information: email@example.com.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and DIYFishing as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and DIYFishing with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and DIYFishing with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TRUST. We understand that making purchases and travel plans online involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our U.S. website, www.diyfishing.com, you are accepting the practices described herein.
What Personal Information We Collect
We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you (“personal information”), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your traveler preferences. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a user; purchase products or services; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.
Information from Other Sources
DIYFishing does not currently use independent third-party sources to add to our user account information or delivery and address information.
We automatically collect some information about your computer when you visit diyfishing.com. For example, we will collect your IP address, Web browser software (such as Netscape Navigator or Internet Explorer), and referring Web site. We also may collect information about your online activity, such as properties viewed, reservations sent, and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and Other Web Technologies
Information Collected by Third-Party Advertising Companies
How We Use Your Personal Information
If you provide your email address to DIYFishing, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
DIYFishing may share your information with the following entities:
Suppliers, such as vacation rental managers, rental owners, or activity providers, who fulfill your travel reservations. Throughout diyfishing.com, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill a reservation you have made on diyfishing.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers’ use or disclosure of your personal information. Therefore, we encourage you to review the privacy policies of any supplier whose products or services you purchase through diyfishing.com. Please note that these suppliers also may contact you as necessary to obtain additional information about you or to facilitate your travel reservation.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Web site receives or what are the most popular fishing destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
Your Choices Regarding Collection and Use of Your Information
As discussed above, you can choose not to provide us with any information, although it may be needed to make contact our suppliers or take advantage of certain features offered on diyfishing.com.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from diyfishing.com, you will not be able to access portions of our site.
How We Protect Your Personal Information
We want you to feel confident about using diyfishing.com to plan your fishing trips and find places to stay, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions.
DIYFishing.com does not provide travel and lodging recommendations or other services appropriate for children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How You Can Contact Us
(a) Registration. By registering or signing into your account on this Website as a vacation rental owner or manager (“Manager”), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current, including but not limited to the information displayed in your DIYFishing account. By registering or signing into your account on this Website as a Manager with a listed vacation rental property (a “Listing” and collectively “Listings”) on this Website, You represent and warrant that (i) you own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by DIYFishing from another web site or service)); and (iii) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You also agree to promptly provide proof of personal identification, ownership of the property listed or authority to list the property as we may request. We reserve the right to refuse, in our sole discretion, any Listing or remove Listings, either temporarily or permanently based on the content and accuracy of such Listing, including without limitation, accurate calendar availability and rate information. We may refuse to publish the Listing for any reason, and you hereby expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision.
(b) Term, Renewal and Cancellation. As applicable to you, Listings are sold to run for entire term from the date of payment. Payment for subscriptions for Listings must be made in U.S. Dollars paid either by major credit card, debit card or PayPal Such Listing subscriptions shall automatically renew at the expiration of the then-current term, monthly or annual as applicable, for an additional term of the same duration as the initial term. This automatic-renewal allows your service to remain uninterrupted. If you do not wish for your Listing subscription to be automatically renewed, you must manually cancel your Listing subscription by accessing your DIYFishing account and cancelling prior to the expiration of the then-current term. Upon any cancellation, your Listing subscription will remain active through your then-current term; however your Listing subscription will not be automatically renewed upon the expiration of this term. If your subscription is cancelled at the end of your then-current Listing subscription term for any reason and you thereafter desire to renew your Listing subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your Listing subscription you re-affirm and authorize us to charge your credit card, debit card or PayPal account at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You may disable a Listing prior to the end of the term and thus remove the Listing from the Website, however, disabling a Listing will not cancel your subscription. No refunds or extensions of time are available for disabled or cancelled Listing subscriptions.
(c) Complaints and Removal of Listings. If we become aware of or receive a complaint from any person or entity regarding a member’s Listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s allegedly offensive Listing from the Website (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party or the user has been fraudulently posting reviews or violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the member and without refund.
(d) Content Restrictions. You represent and warrant that each Listing displays an individual and uniquely identified property available for short term rent. DIYFishing reserves the right to amend or remove any Listing, when more than one property is described or a Manager may be listing only a subset of their total Listings and directing Guests to other rentals not included on the Website, and may choose, in its sole discretion to retain any fees associated with the non-conforming listing as compensation for violating this condition. You agree that each Listing is subject to review and DIYFishing reserves the right to edit, amend, improve any Listing and the design, layout and functionality of Listings and the Website, in its sole discretion and without notice to you. You represent and warrant that the Listings will not contain addresses of other web sites, HTML, code or other markup languages, other than as provided herein. Addresses of other web sites, HTML, code, or other markup languages will be removed from Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling DIYFishing. Email addresses included outside designated areas will be removed from Listings without notice.
(e) Content License. You grant DIYFishing, its affiliates, and licensees (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content, if they choose; and (iii) you grant DIYFishing and its affiliates the ability to copyright and protect the images, copy and other content available via your Listing from the unauthorized use by unaffiliated third parties who may attempt to use such information and grant us the right to pursue at law any person or entity that violates your or DIYFishing’s rights in the content by a breach of this Agreement. You further agree to assist us – at our expense and control – to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless DIYFishing against any action brought for breach of copyright or other rights from the use of such content. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property or the promotion of the Website.
(f) Other Rights in Content. You understand that content submitted will be considered non-confidential and DIYFishing, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, DIYFishing, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. DIYFishing, its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to DIYFishing. DIYFishing, its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
(g) Responsibilities as Manager. You acknowledge that: (i) you will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental and the conduct of your rental business, including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws; (ii) DIYFishing is not a property management company; (iii) prospective renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Listing; (iv) DIYFishing is not responsible for renters of property (it is your responsibility to validate the qualifications of the prospective renters and rent a Listing on terms and conditions acceptable to you); and (v) DIYFishing may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.
(h) Disabling Listings. You understand that you may disable any Listing at any time (such listing will generally be removed from DIYFishing within seven business days).
(i) Prohibited Activities. You agree not to post, email, or approve for posting, content, whether in Listings or otherwise: that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics; that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party, or that you do not have a right to make available under any law or contractual or fiduciary relationship; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.
(j) Accuracy of Listings. As a Manager, you may provide or approve Listings. You represent and warrant that all information contained in Listings will be true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction. You understand that renters will rely upon your Listings and any misstatements or omissions about the Listing may result in liability and other consequences to you including but not limited to cancellation of your Listing and/or account with DIYFishing. You expressly release DIYFishing and its users from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listings you provide to DIYFishing including Listings you approve) and others who use the Website. You may also provide limited additional rules or rental policies and agreements of use for your Listings, but DIYFishing will have no obligation to monitor, police or enforce such rules, and DIYFishing will have no liability or obligation to you or to a renter for any violation of such rules. You understand and agree that DIYFishing is a referral service only, and in no event shall DIYFishing be a party to any rental contract or agreement between you and a Guest.
(k) Contact Information. As a Manager, you represent and warrant that contact information for past guests that you enter into the Website through our service or other automated processes (including providing contact information of past guests directly to DIYFishing), shall be the valid contact information of past renters. If such contact information is provided in relation to a specific Listing, you represent and warrant that to the best of your knowledge such information is accurate and renters are truly and accurately associated with Listings that they rented.
(l) Reviews. You hereby agree to allow DIYFishing to send review requests on your behalf based on the contact information (email address) of past guests that you provide and that DIYFishing shall have the right to retain this contact information, including the guests’ name and email address for record keeping purposes. DIYFishing respects the privacy of your customers and our users and hereby agrees not to reuse this information for remarketing purposes. Users that register an account with DIYFishing shall be subject to this Agreement and may be contacted in connection with DIYFishing services or information.
Any rights not expressly granted herein are reserved.
For answers to questions or additional information, contact us at firstname.lastname@example.org.
Last updated: January 10, 2016.