EXPERIENCE THE POWER OF ULTIMATE EVENT CONTROL
eTournament Fishing, LLC through this App provides a mobile platform for:
3. Participation in a Tournament (“Events”)
By participating in an Event, you agree to the rules and regulations as set forth by eTournament Fishing, LLC and the respective tournament organization and understand that these rules and regulations may change from time to time without notice. Any tournament participant must be of legal age and abide by all applicable laws and regulations.
The App is available only to individuals who are at least 18 years of age and are not prohibited by law from using the App. Individuals under the age of 18 are prohibited to use the App unless doing so with direct oversight of a parent or legal guardian.
5. User Content
You are solely responsible for any content and information you post, upload, or otherwise make available in connection with the App (“User Content”). You agree not to post, upload, or otherwise make available any User Content that:
By submitting User Content to the eTournament Fishing App, you grant eTournament Fishing a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, distribute, and display the content in connection with the App. You represent and warrant that you have all necessary rights and permissions to grant this license. You also agree to release eTournament Fishing from any and all claims, damages, or liabilities arising from the use of your content in connection with the App.
You acknowledge and agree that we may, but are not obligated to, monitor or review any User Content. We reserve the right to remove or refuse to post any User Content for any or no reason.
6. Intellectual Property
The eTournament Fishing App, including all content (logos, photos, text, videos, audio, images), features, and functionality, is owned by eTournament Fishing and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to abide by all applicable copyright and trademark laws and other legal notices, information, and restrictions contained in the App or accessed through the App. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our App, except as follows:
If you believe that any content on the App infringes your copyright or trademark rights, please contact us at firstname.lastname@example.org. We reserve the right to remove any infringing content without notice to you, and we will terminate the account of any user who repeatedly infringes on the intellectual property rights of others.
7. Disclaimer of Warranties
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETOURNAMENT FISHING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ETOURNAMENT FISHING, LLC MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
ETOURNAMENT FISHING, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ETOURNAMENT FISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (v) ANY OTHER MATTER RELATING TO THE APP.
By downloading and using the mobile application, you agree to indemnify and hold harmless eTournament Fishing LLC, its affiliates, its employees, its officers, directors, and its successors from any and all claims, damages, losses, and expenses arising from or related to your use of the application, including but not limited to any third-party claims for infringement of intellectual property rights.
These Terms constitute the entire agreement between you and eTournament Fishing, LLC and govern your use of the App, superseding any prior agreements between you and eTournament Fishing, LLC. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other eTournament Fishing, LLC services, affiliate services, third-party content or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. eTournament Fishing, LLC’s failure to enforce any right or provisions of these Terms will not constitute a waiver of such or any other provision. eTournament Fishing, LLC will not be responsible for failures to fulfill any obligations due to causes beyond its control. These Terms and the relationship between you and eTournament Fishing, LLC shall be governed by the laws of Colorado without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Colorado.
App use and payment processing fees (Stripe: 2.9% + $0.30 per transaction) are included in each respective tournament's Entry Fee and are deducted accordingly for payment processing and App use (see eTournament Fishing website for App pricing details).
12. Contact Us
If you have any questions about these Terms, please contact us at email@example.com.