Terms of Service

Effective: 11/27/2012


Amended: 04/22/2014  

 

 

1.         Introduction

 

Welcome and thanks for your interest in our game FishPro (hereinafter “we” "FishPro” or “Game”). By accessing and playing the Game, you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). FishPro reserves the right to revise these Terms at any time. If so done, FishPro will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Game constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease playing the Game. FishPro is a game on the Facebook platform and IOS platform (“gaming platforms”) any activities on gaming platforms may be governed by the applicable terms of service for said gaming platform.  As used in this Terms of Service the “Open Market” refers to spaces, applications and websites that intermediate business between FishPro and users, so users can download the Game free or with subscription.

 

2.         License

Subject to compliance with these Terms, FishPro is granting you a non-exclusive, non-transferable, revocable limited license to access the Game for your own non-commercial entertainment purposes only. You agree not to use the Game for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.

3.         Code of Conduct

Your use of the Game is governed by certain rules (the "Code of Conduct"), maintained and enforced by FishPro. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and FishPro reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user's account and revoke the player(s)’ license to play the Game. The Code of Conduct governs all aspects of your interaction with the Game, including but not limited to selecting your character name, character avatar, posting messages to the Game, interacting with other users, and otherwise accessing the Game. If FishPro finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Game. You agree that your use of and conduct in the Games shall be lawful and you further agree not to:

 

            • transmit or post any content or language which, in FishPro’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

            • communicate or post any user's personal information, including but  not limited to another user's address, phone number, e-mail address, or credit card number, in the Game without the user's express written consent, except that a user may communicate his or her own personal information;

            • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;

            • make improper use of FishPro’s support services or submit false reports of abuse or misconduct;

            • disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;

            • copy or adapt the Game’s software including but not limited to Flash, PHP, HTML, JavaScript, or other code;

            • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that FishPro created to

              generate web pages or any software or other products or processes accessible through the Game;

            • use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Game, or  use or launch any unauthorized script or otherwise interfere with or circumvent any security feature of the Game or any component that restricts and/or enforces limitations on use of or access to the Game or Content;

            • engage and/or participate in any action that, in FishPro’s sole and  absolute opinion, results or may result in an authorized user of the Game being defrauded out of Virtual Currency or Virtual Goods that the user has earned through authorized Game play;

            • sell the Game or any part of the Game including but not limited to Virtual Goods or Virtual Currency, user accounts and access said accounts in exchange for real currency or items  of monetary value;  and/or

            • engage and/or participate in cheating or any other activity deemed by FishPro to be in conflict with the spirit or intent of the Game.

 

 

 

4.         In-Game Economy

The Game includes virtual, in-game currency ("Virtual Currency"), such as coins, claims, reputation points, or experience points (xp), that may be purchased with "real world" money or tailored interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items ("Virtual Goods"). FishPro does not handle the transactions of any Virtual Currency. Third party payments provider handles all Virtual Currency transactions. By purchasing Virtual Currency in the Game, you are bound by third party payments providers' Terms of Use.   In no way can Virtual Currency or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Game is strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Games. You also agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given by our third party payments providers or FishPro. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Game, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in FishPro’s sole and absolute discretion, or if FishPro discontinues it’s the Game, you forfeit any and all Virtual Currency and Goods. FishPro has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and FishPro shall have no liability to you or anyone for the exercise of such rights.

 

 

5.         Content Ownership

"Content" means all software, communications, images, sounds, and material perceived or made available from the Game. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by FishPro. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. FishPro its logos, and the Game’s name are trademarks of FishPro and may not be used without FishPro’s express written permission. You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Game, are the sole and exclusive property of FishPro or its licensors. FishPro may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of FishPro or any other third party.

 

 

 

6.         User Generated Content

User Generated Content is the various kinds of content, publicly available, that is produced by players of the Game and end users (for example, wall posts, messages, and actions with other players of the game and end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Game. You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without FishPro incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you. You hereby grant to FishPro a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Game as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. FishPro representatives reserve the right to monitor User Generated Content in the Game, but cannot monitor or prescreen all of the User Generated Content and will not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it. .            We do not assume any responsibility or liability for User Generated Content that is generated by users of the Game. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Game.

 

7.         Minors

By accessing and using the Game, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Game.

 

8.         Eligibility to Participate in Tournaments – Rules and Procedures

 

            8.1 Minimum Requirements. To open participate in any Tournament offered in the Game you must:

 

                        a. be a natural person, at least 18 years old, who has a valid Player ID and agree to provide an e-mail; and

                        b. be physically located in a state (or country) in which participation in the tournaments offered on any Website is unrestricted by law. VOID WHERE PROHIBITED OR  OTHERWISE RESTRICTED BY LAW

 

Note: We may require anyone who is eligible to receive a tournament prize to provide the FishPro™ with proof that he/she was eligible to participate in the tournament according to the terms of this Section. This proof can include a requirement to provide photographs and/or copies of a valid government-issued ID. Identity Verification Form will be used on all promotional contest giveaways and all tournament-winning participants that are to receive a prize package.

 

There is no gambling or betting or wagering on FishPro™ and Tournaments are strictly for entertainment purposes.

 

 

            8.2 Restrictions on Eligibility Based on Law. The laws and regulations governing sweepstakes, contests, and tournaments with entry fees and/or cash (or cash equivalent) prizes are established by each individual state, not by the federal government. It is FishPro’s™ understanding and belief that  FishPro™ CANNOT offer fee-based tournaments with prizes (or cash equivalent prizes) to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee. However, it is your responsibility to check the laws in your state to determine if you can participate in a tournament in the Game. If you are physically located in a state which prohibits your participation in fee-based tournaments with cash (or cash equivalent) prizes, then you are NOT eligible to participate in the tournaments offered by the Game.  VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW

 

            8.3 Additional Restrictions on Eligibility. The following persons are ineligible to receive any prize offered on the in the Game: (a) owners and officers of FishPro™ , (b) the foregoing persons' respective immediate family members, and (c) and any other person with access to non-public information regarding the operation of any tournament offered in the Game. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with a member of FishPro™, LLC.

 

            8.4 Monitoring Location. FishPro™ reserves the right to monitor the location from which you access the Game and to block access from any computer which FishPro™ determines, in its sole judgment, is located (a) outside of the United States, or (b) in a jurisdiction where participation in one or more activities is prohibited or restricted.

 

            8.5 Disclaimers of Liability Regarding Your Ability to Participate. FishPro ™ makes no representations or warranties, express or implied, that you have the legal right to participate in any tournament offered in the Game, nor shall any person affiliated, or claiming affiliation, with the Game have authority to make any such representations or warranties.

 

You agree that neither FishPro™ nor its affiliates will be liable to you or any third party for any damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise, if (a) laws applicable to you restrict or prohibit your participation in  activities, including tournaments, or (b) FishPro™, blocks your access to the  or your participation in any  activity, including any tournament, based on its determination that you are located in a jurisdiction outside of the United States or which prohibits your participation, even if such determination by FishPro™ was inaccurate, negligent, willful or malicious. However, FishPro’s™ ability to block your access to the Game does not mean and should not be construed to mean that FishPro™ is responsible for your lawful use of the Game; it is your responsibility to make sure that your use of the Game is not prohibited by any applicable law or regulation.

 

            8.6  Denial of Game Access. Without limiting the foregoing, you understand and agree that FishPro™ reserves the right to, in its sole discretion, deny access to the Game or any Game activity to any person or entity and that FishPro™ shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision it might make to deny you access to the Game or any Game activity.

 

            8.7 Taxes on Participation and prizes.  United States Internal Revenue Service ("IRS") regulations require FishPro™ to send a Form 1099 to any person who, during any calendar year, wins cash (or cash equivalent) prizes from the  with an aggregate value of $600 (USD) or more. Accordingly, and in order to fulfill our legal requirements, if you win more a tournament which exceeds the value of $600.00 during a calendar year, we will ask you to email or fax to us a completed and signed IRS Form W-9. We will not send your prize during a calendar year until we have received a complete and correct W-9 form. If we believe that the W-9 form you provide is inaccurate or incomplete, we will request from you a corrected and/or completed W-9 form. If you do not provide a correct and complete W-9 form following such request, then we will not deliver to you any further prizes for such calendar year and you will be automatically deemed to have waived any right you might otherwise have to such additional prizes.

 

Although we will use commercially reasonable efforts to comply with and implement the IRS requirements accurately, promptly and fairly, you agree that neither FishPro™ nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of any acts, errors or omissions of FishPro™ or its affiliates in their efforts to implement and comply with the IRS requirements. Without limiting the foregoing, you agree that you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence, and that you will indemnify and hold harmless FishPro™ and its affiliates from any and all liabilities, costs, expenses or damages incurred by any one or more of them as a result of (a) your failure to timely pay applicable taxes, or (b) inaccuracies or omissions in any W-9 or other IRS form which you submit to FishPro™.

 

 

            8.8 Prizes. Prizes are generally merchandise and/or fishing charters supplied by sponsors and are sent directly by FishPro™ or the sponsor to the physical address provided by the winner. You may request to be given an award of cash in lieu of merchandise; however, FishPro™ is under no obligation to grant such request. If FishPro™ elects, in its sole discretion, to offer a cash payment in lieu of any prize won, FishPro™ reserves the right to determine the exact amount of the cash offer which may be less than the value of the prize originally offered. You may elect to accept the cash offer, accept the original prize, or decline both and take nothing; the decision you make must be communicated to FishPro™ via email. If you decline both the merchandise prize and the cash offer, you will be deemed to have waived your right to receive either one. If a prize is not claimed within 30 days following the announcement of the winner and personal information obtained to enable the FishPro™  to verify identity, the prize will be waived and the winner shall have no further right to the same. If a Limited Entry tournament closes prematurely for any reason, FishPro™ reserves the right to modify, in its sole discretion, the type or amount of the prize associated with such tournament, taking into account how full the tournament was at the time it was closed and other factors.

 

            3.9 Taxes.  Users are responsible for any income taxes associated with their receipt of cash (or cash equivalent) prizes from FishPro™. Shipping costs for gifts or prizes consisting of merchandise are borne by FishPro™. Shipment will be F.O.B. Origin; this means that FishPro™, is not liable for any damage incurred during shipping. Most merchandise will ship (but is not guaranteed to ship) within 30 days of the date Identity Verification Form was received by FishPro™. However, delays in delivery may occur and you understand and hereby agree that neither FishPro™, nor its affiliates nor the manufacturer or vendor of such merchandise will be liable to you for damages, expenses, costs, or losses or any kind resulting from any such delay.

 

            8.10 Merchandise Prize Warranties. Merchandise awarded as prizes in connection with your participation in game activities is provided and delivered "AS IS". FishPro™ offers no warranty of any kind and expressly disclaims any warranty, express or implied, with respect to any such merchandise (including, without limitation, "collectible" gifts or prizes), including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or warranties implied through custom or trade, or warranties of genuineness or authenticity. The only warranty associated with merchandise prizes is the warranty, if any, supplied by the manufacturer of the merchandise. You expressly agree to release and hereby do release FishPro™ and its affiliates from any and all damages, costs, expenses, claims, liabilities or losses of any kind which you (or anyone claiming through you) or any third party may incur as a result of a defect in any merchandise which may be provided to you as a prize or otherwise in connection with your participation in  activities.

 

            8.11 Other Prize Restrictions.  Winning Tournament players are responsible for any and all expenses including, but not limited to, travel, lodging, meals, and gratuities associated with claiming a prize and you expressly agree that FishPro’s™ sole responsibility is to provide to you the winning prize so long as all the terms of the tournament rules are satisfied.  Additionally you expressly agree that all prizes may be subject to additional terms and conditions reserved by the sponsor including but not limited to blackout dates and other restrictions and FishPro™ nor the sponsor shall have any liability regarding said restrictions.

 

 

9.         Termination

We reserve the right to terminate or suspend your account or access to the Game at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or reach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it.  You will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Game.

 

10.       No warranty; Limitation on Liability

 

YOU EXPRESSLY AGREE THAT THE USE OF THE GAME AND THE SOFTWARE ARE AT YOUR OWN RISK. THE  AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT FishPro™ DOES NOT WARRANT THAT THE  WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.

 

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FishPro™ , ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, ARISING FROM YOUR USE OR INABILITY TO USE THE  OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES, ERRORS IN CALCULATING GAME AND TOURNAMENT SCORES AND WINNERS, PRIZE SUBSTITUTIONS OR OTHER TOURNAMENT RELATED ERRORS.

 

Without limiting the foregoing, you understand and agree that neither FishPro™ nor its affiliates are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the  or your account.

 

 

11. Applying and Changing the Provision

If necessary, this Terms of Service can be changed at anytime accordance to enactment/revision of legislation and system as long as related legislations are not violated.
If the content FishPro will announce the date of the change and reasons at least 10 days (30 days if change is critical or brings user disadvantage) before the change takes effect through the Game. The announcement will be still viewable for certain amount of time after the change takes effect. If the provision clearly states so, the user will be automatically considered to have accepted the changed provision if no refusal sign is shown whatsoever for certain period of time.

12.Using and Downloading the Game

You can download and use the Game in accordance with these provisions, the gaming platforms’ provisions and policy of the open market. Open market provider’s Provision and policies will be applied to transaction and conflicts between the users and open market providers and FishPro will not take part in matters between the two parties or held responsible.

            (A) If you download and install the Game from the open market and agree to this provisions, the service contract between the you and FishPro will be concluded. However, use of the Game might get restricted due to FishPro’s technical, business and legal difficulties.

            (B) Unless there is a special reason, the owner of the device that downloaded the Game will be considered as the contractor of the service contract of the Game following these provisions. You can download the Game after taking a careful look at technical support, price and notices shown in the open market regarding the game. If  you  ignore the open market notices and download the Game even if the device is unsuitable for the program, then FishPro will not be held responsible regarding the user’s actions.

            (C) You may be requested to join FishPro Hub for the use of FishPro. FishPro Hub is provided so the user can use services of the Game on multiple devices using a same account. In some cases, joining FishPro Hub is mandatory option, and if you refuse to join, use of service may be greatly restricted.

13. FishPro’s Provision, Changes and Suspension

            (A) Unless there is a good reason, FishPro provides the Game twenty-four a day seven days a week. However, FishPro may suspend service temporarily for inspection, installation, change and modification of system or server. FishPro may halt the service completely if absolutely necessary.

            (B) FishPro may change, revise, or update the Game frequently. If change, revise, modification and update of the Game are to protect users and to cope with related legislation, the user may use the Game after update.

            (C) If service of the Game comes to a complete halt, then FishPro will notify the users at least 2 month before ending the service. The user cannot demand for any compensation from FishPro. Also, you cannot ask for any refunds for In-App purchases after the announcement.

            (D) If FishPro is providing a term service, the user can use the relevant service for only certain period of time. FishPro will ask for the user’s consent if payment method to term service is set to monthly auto-payment.

14. In-App Purchase

            (A) the Game includes In-App purchase service for purchase of In-App items.

            (B) You must prevent the third party from using the user’s In-App purchase by setting password in device and in open market if applicable.

            (C) FishPro will not be responsible if a third party manages to use the user’s In-App purchase because the user did not use the password option on device or in open market in applicable.

            (D) The user has responsibility to make proper payments for In-App purchases.

 

11.       Indemnification

 

By registering and/or participating in any game activity, you hereby agree to indemnify, defend, and hold the employees, officers, directors, members, agents, content providers, licensees, licensees, distributors, and agents of FishPro™, and its affiliates harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the, whether or not in compliance with these Terms of Service.

 

12.       Privacy Policy

FishPro respects and protects the privacy of our gamers. By accessing the Game, you acknowledge and incorporate the Privacy Policy into these Terms. Please refer to our Privacy Policy: http://www.fishpro-online.com/privacy