Fishing Video Network - Terms of Use

Preview Terms of Use for User and Promotional
(Click here to see Promotional Agreement")

User Agreement

This web site is operated by the “Fishing Video Network” (“FVN”, “we”, “us”, ”the site”, “website”, “the company” or “our”) a subsidiary of Snap-N-Trac Marine Inc. a Florida Corporation.

The FVN website provides the general public (users) access to “the site” to upload their personal sport fishing videos and or view others sport fishing related videos. User video uploads require User to register with “the site”. User video submission service is provided free of charge, with access to “the site” permitted as long as the user abides by the terms and conditions as provided in this User Agreement.

1.General Use of the FVN site;
A. User will use “the site” for personal and not for commercial purposes.
B. User will not copy, alter, modify or distribute any part of the website content or technologies without prior written authorization by “the site.”
C. User will not gain access or navigate “the site” by any means other than provided by “the site”.
D. User access FVN permitted exclusively for streaming (viewing) and or uploading of their personal sport fishing related videos.

2. Intellectual Property Rights
FVN content is provided to User, As Is, and for Users personal use only and may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed, or otherwise exploit any FVN content for any other purposes than provided for herein without the prior written consent of “the site”. FVN reserves all rights not expressively granted in and to “the site” and the content.

3. User Account
User who wants to upload their personal sport fishing related videos on FVN requires their one time registration. Creating a user account is free and requires some personal information. FVN is a secure website so any information you provide will be stored on a secure server. Once registered you are solely responsible to maintain the integrity of your account as well as keep your password secure. Notify FVN of any breach of your account security or unauthorized use of your account.

User agrees not to engage in any activity designed to interfere with any FVN security or related features as well as those features that prevent or restrict use of copying of any content or enforce limitations on use of “the site” or its content.

User understands account privileges are for personal and not for business use, videos submitted that overtly promote any product, any business, any service, any person or any commercial enterprise of any kind will result in the termination of the User account.

FVN can without notice terminate a Users account and or access if User is determined to be in violation of any part of this agreement terms and conditions, its intent and or if User is not acting in good faith to adhere to our agreement terms and conditions. User agrees that our terms and conditions of service and any right and license granted herein, may not be transferred or assigned by you, but may be assigned by FVN without restriction.

4. User Video Submissions
A. FVN permits the User to upload and publish their personal sport fishing related videos to “the site”. User understands that all video submissions will be accessible to any person who has access to the world wide web. Users understand they are solely responsible for all consequences that may result from posting and or publishing their personal video(s) on “the site”.

Before submitting any video, User must first be sure that they own or have the necessary licenses, rights, consents, and permissions to use and authorize FVN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service; and you have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service. That you retain all of your ownership rights in your submissions.

When submitting any video to FVN, User grants a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the FVN website and its business. The license granted by User terminates once User video submission has been deleted from the “website.”

B. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FVN all of the license rights granted herein, publish falsehoods or misrepresentations that could damage FVN or any third party, submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, post advertisements or solicitations of business, impersonate another person or submit adult-oriented material.

Acceptance of any User video is not an endorsement by FVN, further “we” disclaim all liability in connection with User submissions. FVN does not condone or permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party's intellectual property rights. All substantiated infringers will have their user access terminated.

C. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing FVN with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail). Failure to comply with DMCA requirements may render your formal notice invalid.

*Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

D. User must understand that when accessing the FVN website, User will be exposed to video submissions from a wide variety of sources, and that FVN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. User further understands and acknowledges that User may be exposed to User submissions that are inaccurate, indecent, offensive, or objectionable, and User agree to waive, and hereby do waive, any legal or equitable rights or remedies User have or may have against FVN with respect thereto, and agree to indemnify and hold FVN and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of “the site”.

E. FVN permits User to link to materials on the FVN website for personal and non-commercial purposes only. In addition, FVN provides an "embeddable player" feature, which User may incorporate into Users own personal, non-commercial websites for use in accessing the materials contained on the FVN website. FVN reserves the right to discontinue any aspect of the FVN website at any time and for any reason.

5. Warranty Disclaimer
User understands and agree that use of FVN shall be at Users own risk. To the fullest extent permitted by law, FVN, its officers, directors, employees and agents disclaim all warranties expressed or implied in connection with FVN and Users use thereof. FVN makes no warranties or representations about the accuracy or completeness of “the sites” content or the content of any video and or sites linked to FVN and assumes no liability or responsibility for any:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FVN. FVN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FVN OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FVN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHEN AND WHERE APPROPRIATE

6. Limitation of Liability
IN NO EVENT SHALL FVN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “WEBSITE”, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FVN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

USER SPECIFICALLY ACKNOWLEDGES THAT FVN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS THE RESPONSIBILITY OF THE USER.

FVN MAKES NO REPRESENTATIONS THAT ”THE SITE” IS ACCEPTED OR AVAILABLE FOR USE IN ALL LOCATIONS OUTSIDE THE UNITED STATES. USERS ACCESSING “THE SITE” FROM LOCATIONS OUTSIDE THE UNITED STATES DO SO OF THEIR OWN ACCORD AND ARE RESPONSIBLE FOR COMPLYING WITH THEIR APPLICABLE LOCAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.

7. Eligibility to Accept User Agreement Terms and Conditions
FVN is available for access and use by persons 18 years of age and older, or any emancipated minor, or a minor who possess legal consent by a parent or guardian making them legally eligible and competent to abide and comply with our User Agreement Terms and Conditions. FVN is not intended for use by minors and does not encourage or condone such activity except for those that meet the specifications as described herein.

8. Copyright
All materials that compromise “the site”, including, but not limited to names, logos, trademark, service marks, images, designs, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights, claims, owned and or controlled by Snap-N-Trac Marine Inc or by our advertisers.

9. General Disclosure
These terms of service, together with the privacy notice and any other legal notices published on the FVN website shall constitute the entire agreement between User and FVN. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and FVN failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. FVN reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the FVN website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.

Acceptance

Promotional User Agreement

The FVN website provides registered Companies (“registrant”, “promo user”, “promo”, “user”, “you”, “your”) access to “the site” to upload and publish your companies sport fishing videos and or banner advertisements. These services require User to register with “the site”. User video and or banner submission service is provided for a fee (see plans and rates(hyperlink)) , with access to “the site” permitted as long as the user abides by the terms and conditions as provided in this Promotional User Agreement.

1.General Promo Use of the FVN site:
A. Registered User is allowed to use “the site” to promote your companies products and or services.
B. Registered User will not copy, alter, modify or distribute any part of the website content or technologies without prior written authorization by “the site”
C. Registered User will not gain access or navigate “the site” by any means other than provided by “the site”.
D. Registered User access FVN permitted for streaming (viewing) and or publishing of their companies sport fishing related videos and or banner advertisements.

2. Intellectual Property Rights
FVN content is provided to User, As Is, and for Users promotional and personal use and may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed, or otherwise exploit any FVN content for any other purposes than provided for herein without the prior written consent of “the site”. FVN reserves all rights not expressively granted in and to “the site” and the content.

3. Registrant Promotional User Account
Users who upload their companies sport fishing related videos and or banner advertisements on the site require their company to register with FVN. Creating a promo user account is free and requires both personal and company information. Upon successful registration user account will permit user to upload and publish users own personal sport fishing videos as well. Once registered you are solely responsible to maintain the integrity of your account as well as keep your password secure. Notify FVN of any breach of your account security or unauthorized use of your account. FVN is a secure website so any information provided for registration will be stored on a secure server.

User understands account privileges provide for both personal and for business use, personal videos submitted that overtly promote any product, any business, any service, any person or any commercial enterprise of any kind will result in the termination of the User account.

Users registration account provides User access to the services provided by FVN without charge, however publishing of promotional videos and or banner advertisements is not a service provided free of charge.

FVN provides registered User with user friendly website interface (hyper link to instructions) which will allow User the ability to submit and publish their promotional videos and or banner advertisements.

User will be required to provide detailed information needed to promote User product and or services.

FVN uses the products and services of Paypal exclusively to facilitate and execute the Users required payment based on the promotional plan selected. If User is not familiar with Paypal User can investigate its services on their website (hyperlink to Paypal)

Website interface will provide User with multiple video and banner advertisement plans to choose from (hyperlink to plans). Upon plan selection and payment, User will be given access to required interface to publish promotional videos and or banner advertisements according to the promotional plan selected.

Published promotional videos and or banner advertisements will automatically be configured and showcased according to the promotional advertising plan selected. Website visitors can access Users promotional videos and or banner advertisements as provided for herein.

FVN provides User with website interface to manage their company information and or the products and or services Company provides.

FVN does not sell the product and or services of it registrant Users, FVN provides visitors with access to its website and its contents.

User agrees to allow “the site” or it approved agents to contact User as needed and by whatever means provided to FVN as required to communicate information important for our registrant User to know.

FVN can without notice terminate a Users account and or access if User is determined to be in violation of any part of this agreement terms and conditions, its intent and or if User is not acting in good faith to adhere to our agreement terms and conditions. If in violation of agreement terms and or conditions any and all fees paid by user will be forfeited to FVN without recourse upon termination of promo users agreement.

User agrees that our terms and conditions of service and any right and license granted herein, may not be transferred or assigned by you, but may be assigned by FVN without restriction.

4. Promo User Submissions
A. Product Video Promotion: Your companies listed product video promotion will be accessible to interested viewers, searchable by the terms you have submitted, like your company name, product brand name, product category and or your preferred search phrases. Except when searched by specific company name and or product brand name, general video searches using general or vague terms may produce results that display similar videos as the video(s) you have submitted, yours may or may not be included.

Random Selection: When a video is being viewed whether personal or promo our targeted random selection process will search and produce those promotional videos that have search phrases the same, similar, search terms or phrases the same as the personal or promo video currently being viewed. Promotional videos culled under these conditions will be showcased in the “Similar Promo Videos of Interest” section, found on the same page as the video being viewed. These video thumbnails will be randomly selected for viewing and as such there is no guarantee that the Users video will be one of those selected for placement. If it is, there can be no guarantee it will be viewed at that time or anytime in the future or how many times it will be successfully searched and viewed throughout the time it is listed. Targeted random selection provides an additional video promotional opportunity for you, whether your video is every culled or not is totally out of our control.

Banner promotion: Your company banner hyperlink advertisement will be prominently displayed at the bottom of any or all of the web pages selected, Home page, User Page, Promo Page. Individual company banners will be displayed in groups of five per banner frame, one five frame at a time, with four banner frames comprising a full-page frame of twenty banners showcased per page. Each banner is individually showcased highlighted in expanded view for _____ seconds and then revert back to normal size; upon expansion, a short description you have provided will be visible. All banners will be viewable for the same amount of time until after the final banner has been showcased then the next banner frame of five will appear. Each banner of five will be re-showcased every fourth frame rotation or every 60 seconds.

Individual company banner views and click through count cannot be guaranteed; however the nature of the site navigation is such that viewers may stay on one page for extended periods, which would result in multiple banner frame rotations which translates into more banner views .

Banner Reservations: In the event there are currently no banner listings available to purchase, you can reserve a future listing by signing up for our email “First right of refusal listing reservation service”. When exercised this service will automatically notify you by email when the requested listing spot will be available. You will have _______hours from receipt of our email notification to accept and pay for the listing. If you do not exercise your option within this period the next company on the reservation list will be contacted and your listing option would have expired.

Basic banner advertisement provides for _____seconds total display time, with _____ seconds in expanded view. Plan also provides for a short description and hyperlink to your company website.

Premium banner advertisement p provides for _____seconds total display time, with _____ seconds in expanded view. Plan also provides for a short description, direct hyperlink to your listed company video promotion (required) as well as a hyper link to your company website.

B. FVN permits the User to upload and publish their promotional sport fishing related videos to “the site”. User understands that all video submissions will be accessible to any person who has access to the world wide web. Users understand they are solely responsible for all consequences that may result from posting and or publishing their personal video(s) on “the site”.

FVN reserves the right to determine if User video submission(s) comply with User Agreement terms and conditions and if not FVN reserves the right to delete without prior notice User video submission deemed to be in violation of User Agreement. Violation of Promo User agreement will result in User account termination with any and all fees paid by User to be forfeited in full to FVN and without recourse.

Before submitting any video User must first be sure that they own or have the necessary licenses, rights, consents, and permissions to use and authorize FVN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service; and you have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service. That you retain all of your ownership rights in your submissions.

C. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FVN all of the license rights granted herein, publish falsehoods or misrepresentations that could damage FVN or any third party, submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, post advertisements or solicitations of business, impersonate another person or submit adult-oriented material.

D. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing FVN with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail). Failure to comply with DMCA requirements may render your formal notice invalid. *Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E. User must understand that when accessing the FVN website, User will be exposed to video submissions from a wide variety of sources, and that FVN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. User further understands and acknowledges that User may be exposed to User submissions that are inaccurate, indecent, offensive, or objectionable, and User agree to waive, and hereby do waive, any legal or equitable rights or remedies User have or may have against FVN with respect thereto, and agree to indemnify and hold FVN and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of “the site”.

F. FVN permits User to link to materials on the FVN website for personal and non-commercial purposes only. In addition, FVN provides an "embeddable player" feature, which User may incorporate into Users own personal, non-commercial websites for use in accessing the materials contained on the FVN website. FVN reserves the right to discontinue any aspect of the FVN website at any time and for any reason.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. Current promotional video 2008 advertising plans and rates for your review.

I accept the Terms and Conditions of this Promo Agreement as defined ( )

2008 Promotional Advertising Plans & Yearly Rates

Preview Terms of Use for User and Promotional

User Agreement

Promotional User Agreement

VIEW PRICING PLANS HERE