Terms and Conditions

---

Terms and Conditions (Terms of Use)

1. Introduction 

Welcome to our eTournament Fishing mobile application (the “App”). This App is owned and operated by eTournament Fishing, LLC and these Terms of Use (these “Terms”) apply to your use of the App.  By downloading, accessing, or using the App, you acknowledge that you have read, understand, and agree to be bound by these Terms.  If you do not agree to these Terms, you should not use the App.   

2. Services

eTournament Fishing, LLC through this App provides a mobile platform for: 

• Tournament Directors (Organizers) to setup, manage and operate a fishing tournaments (events) independent of eTournament Fishing, LLC and are solely responsible for any and all aspects of an event including but not limited to additional rules, regulations, fees, refunds, fish submission reviews, contest scoring, and/or protests with participation.   Organizers may have separate Terms of participation applicable to tournament anglers.  Such agreements shall not supersede or bind eTournament Fishing, LLC beyond the terms of this Agreement.
• Anglers to search, register and participate in a variety of tournament event types, locally or across geographic locations.

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. 

4. Eligibility 

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: 

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
• infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party;
• 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; 
• contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
• otherwise violates these Terms.

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:

• Your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your App or browser for display enhancement purposes.
• You may download and use any photos or video uploaded from the App by your user account for your own personal use and benefit.

If you believe that any content on the App infringes your copyright or trademark rights, please contact us at info@etournamentfishing.com. 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. 

9. Indemnification 

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.

10. Miscellaneous 

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. 

11. Pricing

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 info@etournamentfishing.com.