fishing app - fishpointer

Terms of Service

This website http://fishpointer.com and app is property of Fishpointer Web S.R.L. These terms and conditions apply to the use of this site and of our app and or any other related Service we Fishpointer Web S.R.L. provides. By using or accessing this site (visiting and accessing offered services) and app, you agree with full acceptance the terms and conditions of use. If you are under legal age you agree and accept a legal guardian has read and agreed on your behalf the terms and agrees and accepts you are bound by the terms and conditions. Because Fishpointer is also an app, product or service, you are accepting the terms with respect to the use of these specified in the definitions below.

Definitions

The following terms are defined for a better understanding of the conditions of use:

    a. User – any natural or legal person accessing the website or the offered services

    b. Provider – the company Fishpointer Web S.R.L. fulfils the role of Provider through its delegates and employees or by means of the services offered on the website http://fishpointer.com

    c. Location – the spot pointed or tagged on the electronic map by the User or Provider together with the corresponding information (geographic coordinates, fields for specific information, photos, links, etc.)

    d. Service – the platform made available for the Users by Provider by means of which the information offered can be accessed; as web page, or via the app (mobile software application)

Objectives and Scope of the Service

The main objective of the Service is to make available to the Users information considered to be of public interest, either as objective information (any information that can be verified in reality existing at a certain moment in time) or subjective information (any information that represents a personal opinion as a manifestation of the freedom of expression, within its limits, with observance of the rights of persons and exercising its own rights in good faith and according to legal provisions)

The scope of the Service is to offer information in the field of recreational fishing and information about entities offering products and services in the aforementioned field, as well as to ensure the access of Users to opinions of other Users on these products and services.

The use of our Service, does not grant you any or in part rights to licence any intellectual property of any Service by Provider nor User

Rights and Obligations of the User

The User of the website http://fishpointer.com and app shall maintain a lawful conduct on each access of the Service.

The User undertakes not to: a. alter, distribute, convey, display, publish, replicate, grant licenses, create derived products, transfer or sell any kind of information or services obtained from or by means of this website; b. use or allow (or authorize) any third party to use the Services made available by this website in order to transmit or receive materials violating legal provisions in force or having an obscene, abusive, vulgar, defamatory, offensive, threatening content or in breach of any other intellectual property right or in any way offensive; c. carry out (or allow) activities of cracking or hacking or attacks such as "Denial of Service". Users violating system or network security shall be held legally responsible.

The User agrees not to hold Fishpointer, Provider, It’s directors, partners, affiliates, contractors, employees or officers responsible or bring it to justice neither regarding any claim made by User or a third party resulting from using the Service and the internet by the User, nor related to any loss (direct, indirect, consequential or of any other nature), costs, legal actions, law suits, claims, expenses (including legal expenses) or other liability, suffered in any way or directly caused by the Provider following the User’s violating or ignoring of these conditions.

The User has the right to fully benefit from the Services of this website, as long as no breach of the provisions of this document is found.

Limitation of Liability

The User expressly declares to understand and agree with the following statements:

The user of the Service is made at their own risk. The Provider cannot be held responsible for any kind of direct or indirect losses occurring from the use of the website or in any kind related to it.

The Provider assumes no responsibility and disclaims all warranties that:

    a. the Service will meet all your demands;

    b. the Service will be available or functional 24h out of 24h;

    c. any programming error or fault will be fixed;

    d. the data uploaded on the website by other Users are up to date or correct;

    e. the information provided by the User will be accepted and displayed on the website.

The User understands and agrees that all information, data and materials posted on the website are for information and guiding purposes only and that the Provider cannot be held responsible in any circumstances and in any way for the truthfulness and validity of the website content or for any legal effect ensuing from its use. Any information obtained by means of using the Service made available by the Provider may be used at the User’s own risk and full liability.

Any advice or other written information obtained by the User from the Provider through the Service shall not constitute a guarantee if it is not expressly stipulated in the Terms and Conditions of Use.

Security

As much as the Provider makes and implements measures to protect itself and its Service against attacks or malicious intentions, the User acknowledges that the Provider cannot guarantee a level of 100% data security.

Connection to other Websites

The Service can be used by the User for information purposes, to connect to other websites and the User undertakes to comply with the acceptable use policy valid in other networks or other websites referred to by means of hyperlinks. The User accepts the fact that the Provider does not control these websites, is not responsible and does not assume any liability related to the content of the websites it makes reference to.

Cookie Policy

By accessing our website, the Users consent to the use of cookies.

Each User may choose to deactivate cookies, however this means that the entire navigating experience shall be affected.

A cookie is a text file containing data fragments, automatically collected upon accessing the website. Cookies are not dangerous for the Users and cannot contain viruses or other programs damaging in any way. Cookies can be deleted at any time by the Users. The collected support the processes of adapting website content to the needs of the Users.

Cookies by themselves do not request personal information in order to be used and in most cases they do not personally identify internet users. Personal data gathered through the use of cookies can be collected only to facilitate certain functionalities for the User. These data are encrypted in a way that renders unauthorized persons’ access to them impossible.

Cookies have the following role: a. Measuring the efficiency of our own or our partners’ websites, as well as that of the services, content and advertising contained in these websites; b. Presenting information of interest and advertising for each User; c. Offering other services and functions that are available only by means of the use of cookies.

Intellectual Property

The User expressly declares that has taken note of the fact that all stylized representations, logos and associated symbols and combinations of them with any word or graphical symbol used relating to Service on this website and application is owned by the Provider and is strictly the intellectual property of the Provider and/or it’s licensors.

It is forbidden to copy, download, reproduce, publish, transmit, sell, fully or partially distribute or distribute under a modified form of this website content or of any part of it carried out for any purposes other than personal ones.

Any person sending in any way information or materials to the website undertakes not to infringe in any way the copyright which a third party could invoke in relation to the materials and information transmitted in any way to the website and the persons sending in any way information or materials understand and agree that any type of breach of this obligation cannot entail in any manner the Provider’s liability, but only the respective persons’ liability.

For content shared or uploaded by the User to our Service that has intellectual property rights like photos you grant the Provider non-exclusive sub-licensable, transferable, royally free and with unconditional worldwide licence the ability to use any content you upload or post as part of our Service, ending when it’s deleted by you, unless it has been shared by another User within our Service and they have not deleted it.

Links to Other Websites

Users understand and accept that by the nature of the offered Service and website content, the website can provide information, links or references to other websites, including, but not limited to, personal websites (blogs), partners’ websites, which the Provider considers to be useful related to the website content, but which are beyond its control or guidance.

The Provider is exempt from any liability regarding content or views expressed on all above-mentioned websites as well as regarding their level of accuracy and correctness. Users understand and accept that these Internet websites are not monitored, controlled or verified in any way by the Provider. The inclusion of links or references to other websites does not imply an endorsement thereof in any way by the Provider. When Users access these websites, they do so at their own risk, knowing that the use of services offered by these sites is subject to the conditions set by the administrators of named sites.

General Issues

Change in terms and conditions – The Provider reserves the right to modify these Terms and Conditions with no prior User notification. Such changes will be made known to the User by website posting or by personalized notification. The modifications made in this manner shall be considered to be accepted by the User if the latter continues to use the Service after their posting on the website.

Force Majeure - The Provider shall assume no liability for failure to comply with the obligations stipulated under these Terms and Conditions as a result of any cause beyond its control, including but not limited to fortuitous events, cyber-attacks, adverse weather conditions, action or inaction of the government or other authorities or other networks for which the Provider is not accountable.

Governing Law – This website (excluding third party websites referred to in this website through hyperlinks) is controlled by the Provider. By accessing this Service, the User accepts that these Terms and Conditions and any related dispute are governed and construed in accordance with the laws of Romania and the User agrees to abide by the exclusive jurisdiction of the competent courts of law of the Provider’s headquarters.

Confidentiality – The Provider shall undertake all necessary measures to maintain confidentiality of personal data. The Provider shall not be liable for any loss incurred by the User or any other person as a result of posting of personal data in the public areas of the website. Some services accessed by the User on this website allow the Provider to receive information that may be classified as personal data.

Uploading Information by the User

Information is uploaded on the website via the forms made available by http://fishpointer.com. The purpose of verification / moderation of information posted on the website by the Provider is to remove incomplete, obviously incorrect information and/ or in breach of the provisions in this document (having a libellous, offensive or obscene content or contrary to the best practices, etc.), trying to provide to the other Users a database as accurate as possible, the following is not authorized or allowed: a. Creating multiple location pins to input already existing data is not allowed. b. Pins containing erroneous information cannot be published. c. Locations for the following are not admitted for posting: d. Drugs, weapons, erotic or obscene items or materials; e. Alcohol and alcoholic beverages; f. Cigarettes and tobacco based products; g. Foreseeing, fortune telling, tarot reading and other like services; h. Drugs and pharmaceutical products, human organs; i. Goods obtained by theft, robbery, deception or by other type of crime; j. Dangerous goods for human health or human life; k. Non-existing goods; l. Endangered animals; m. Dating services, paid intercourse, video-chat, erotic massage or other similar services; n. Job offers involving erotic massage, paid intercourse or video-chat activities; o. Services for writing a degree thesis or help in writing such a thesis; p. Usury or financial activities, money lending or other similar activities; q. Multi-level marketing / network marketing job offers or internet work-at-home type of job offers; r. Counterfeit products; s. Offers of goods or services except for those falling within the category selected at the time of inputting the Location; t. Postings containing premium-rate telephone numbers as contact details are not allowed; u. Unsolicited email messages are not allowed (generally called spam). Any uploaded information encouraging these messages will be de-activated; v. No uploading viruses or other malicious code or solicit User login information or personal data; w. Nothing unlawful, misleading or malicious and hateful; x. You will not be a part of or a party to anyone or anything that harms this site or it’s users and Provider.

Following failure to comply with any of the provisions of this document by any of the Users, the Provider shall have the right, depending on the specific situation, as the case may be:

    a. to partially modify the information, to the extent possible, as to avoid deletion of the respective information from the website and to fix the errors and inadvertences ascertained;

    b. to permanently delete the posting from the website; or

    c. to temporarily or permanently limit the access of the User to the website.

    d. In case of information modification or deletion from the website, the User may be informed by email about the reason of decline, thus having the opportunity to resolve the issue and republish the information.

    e. In case the User repeatedly publishes the information without resolving the indicated issues, the Provider shall have the right to temporarily or permanently block the access of the User to the website for posting new information.

Complaint Filing and Handling Procedure

Any User may file a complaint or notification regarding or in connection with the services offered by the Provider or the information submitted / published / unpublished on the website using the form A “Report irregularity A” within 7 days at the most from the occurrence of the event and /or manifestation of the referred case.

The Users may send the Provider as well, at any time, complaints and / or notifications regarding irregular or illegal activities performed by other Users on the website.

Complaints shall be filed by email to office@fishpointer.com or using the forms available on the website.

Complaints and / or notifications submitted to the Provider shall include User identification data, location of the referred error / irregularity that constitutes the object of the complaint, as well as any other data needed by the Provider to identify the referred event (as the case may be) and a detailed description as to why the complaint / notification was filed so that the Provider can resolve it as soon as possible.

Complaints / notifications will be examined and answered within 7 working days from their receipt by the Provider, if accompanied by a full set of data needed to identify User and issue. In case the applicant has not submitted all the data needed to identify referred issues and to settle the complaint / notification, the above-mentioned settlement period will be extended accordingly from the date of submission of the last of the necessary information.

Data Protection Information Notice

In Accordance with the requirements of Law no. 677/2001 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data, amended and completed, it is the Provider’s obligation to securely process the personal data supplied by the Users, only for the specified purposes.

The purposes of collecting data are: a. to maintain the online access accounts, registries of members and clients; b. to offer products and / or services between Users; c. to answer User questions, requests, proposals and suggestions; d. to process of User orders or requests; e. to issue invoicing documents; f. to allocate or offer any rewards, discounts or benefits. g. Filling in personal data is not mandatory. Not filling in or removing the personal data prevents:  h. the opening and maintaining of the online access account; i. the acquisition by the User of offered products and services. j. The private information recorded is intended for use by the Provider and its contractual partners. Personal data is not publicly available, except for data appearing in official documents as per the current legislation and that can be accessed by the members of the website (names of associates and officers). k. In accordance with the Law no. 677 / 2001, the User has the right of access to data, the right of intervention upon the data, the right not to be subject to an individual decision and the right to refer to a court of law. In addition, the User has the right to object to a processing of personal data that concerns him / her and to request the removal of data. In order to exercise these rights, any User may submit a dated and signed written petition to the Provider. Furthermore, any User has the right to refer to a court of law. If some or any l. of the personal data are incorrect the user has the right to inform the Provider at his / her earliest convenience. m. Legal persons are not subject of Law no. 677/2001.

Software Provisions

By downloading or using our software, whether standalone or via our app, you agree that from time to time Provider will upgrade or provide updates in order to improve and provide the User a more enhanced software experience

Nobody is authorized to modify or create a derivative, re-engineer or otherwise attempt to infringe the intellectual property of the Providers software and code unless expressly given permission in writing from Provider.

Modifications and Changes

Provider may at any time change or alter the Service and modify the terms and conditions. User will be notified of anything major in an email prior to changes. If you no longer agree, you can at any time terminate your account otherwise continued use of our Service will constitute acceptance and your agreement.

Applicable Governing Law

With this Service, we wish to create a global community of fishermen that is respectful of everyone and that respects governing laws. These terms represent the entire agreement as terms and conditions of your Provider (Fishpointer)

These terms and conditions are made in accordance with the laws of Romania, any breach of applicable and enforceable laws herein, will terminate and invalidate your agreement in using our Services.