This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 14 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: January , 2015.
Statement of Rights and Responsibilities
By “active registered user” we mean a user who has logged into the Fatsack Outdoors application or website at least once in the previous 30 days.
By “application” we mean any application or website that uses or accesses Fatsack Outdoors cloud, as well as anything else that receives or has received data from us. If you no longer access Fatsack Outdoors application or website but have not deleted all data from us, the term application will apply until you delete the data.
By “content” we mean anything you post on the Fatsack Outdoors application or website that would not be included in the definition of “information.”
By “data” we mean content and information that third parties can retrieve from Fatsack Outdoors or provide to Fatsack Outdoors through FatsackOutdoors.com.
By “Fatsack Outdoors” we mean (a) Fatsack Outdoors Inc. d/b/a Fatsack Outdoors or Fatsack Outdoors Fishing or Fatsack Outdoors Hunting or any variation using an outdoor sport, (b) our website at www.fatsackoutdoors.com and any other Fatsack Outdoors navbar-branded or co-navbar-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) the fatsackoutdoors.com; and (d) social plugins, or networks now existing or later developed.
By “information” we mean facts and other information about you, including actions you take.
By “Orders” we mean financial transactions between you and Fatsack Outdoors for a service or good
By “post” we mean post on the Fatsack Outdoors website or otherwise make available to us (such as by using an application).
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
Registration and Account Security
Fatsack Outdoors users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Fatsack Outdoors, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain.
You will not use Fatsack Outdoors if you are under 13.
You will not use Fatsack Outdoors if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on Fatsack Outdoors that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on Fatsack Outdoors if we believe that it violates this Statement.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Fatsack Outdoors and the Fatsack Outdoors Logos), or any confusingly similar marks, without our written permission.
You will not post anyone’s identification documents or sensitive financial information on Fatsack Outdoors.
No Solicitation is allowed on Fatsack Outdoors. Fatsack Outdoors, Inc. reserves the right to delete and content or use accounts at their discretion
Sharing Your Content and Information
You own all of the content and information you post on Fatsack Outdoors, and you can control how it is shared through your privacy settings. In addition:
For content that is covered by intellectual property rights, like text, photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any IP content which you submit, post or display on or through or in connection with Fatsack Outdoors (“IP License”).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information through Fatsack Outdoors on any social media, it means that you are allowing everyone, including people off of Fatsack Outdoors, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Fatsack Outdoors, but you understand that we may use them without any obligation to recognise or compensate you for them (just as you have no obligation to offer them).
We do our best to keep Fatsack Outdoors safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on Fatsack Outdoors.
You will not collect users’ content or information, or otherwise access Fatsack Outdoors, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing on Fatsack Outdoors.
You will not upload viruses or other malicious code.
You will not solicit login information or access a Fatsack Outdoors account belonging to someone else.
You will not bully, intimidate, or harass any Fatsack Outdoors user.
You will not post content on Fatsack Outdoors that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes (“promotion”) on Fatsack Outdoors without our prior written consent. If we consent, you take full responsibility for the promotions all applicable laws.
You will not use Fatsack Outdoors to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Fatsack Outdoors, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
If you make a payment on Fatsack Outdoors, you agree to our Payments Terms.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use Fatsack Outdoors Share Link button so that users can post links or content from your website on Fatsack Outdoors.
You give us permission to use and allow others to use such links and content on Fatsack Outdoors.
Please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Fatsack Outdoors within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Fatsack Outdoors, as well as your name and profile picture.
If you violate the letter or spirit of this Statement, or otherwise create risk or potential legal liability for us, we can stop providing all or part of Fatsack Outdoors to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, our obligation to make the Fatsack Outdoors site and services available to you shall terminate.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Fatsack Outdoors exclusively in a state or federal court located in Greenville County. The laws of the State of South Carolina will govern this Statement, as well as any claim that might arise between you and us, without regard to such State’s conflict of laws provisions. You agree to submit to the personal jurisdiction of the courts located in Greenville County, South Carolina for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Fatsack Outdoors, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP FATSACK OUTDOORS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FATSACK OUTDOORS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FATSACK OUTDOORS WILL BE SAFE OR SECURE. FATSACK OUTDOORS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR POSTING OR VIEWING OF, OR RESPONSE TO, CONTENT OR ADVERTISING, OR OTHER USE OF THE FATSACK OUTDOORS SITE OR APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR POSTING OR VIEWING OF, OR RESPONSE TO CONTENT OR ADVERTISING, OR OTHER USE OF THE FATSACK OUTDOORS SITE OR APPLICATION EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FATSACK OUTDOORS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
About Advertisements and Other Commercial Content Served or Enhanced by Fatsack Outdoors
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You give us permission to use your name and profile picture in connection with all content that you submit to Fatsack Outdoors, subject to the limits you place.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our advertising agreement.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the response that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with Fatsack Outdoors without our written permission.
We may reject or remove any ad for any reason.
Special Provisions Applicable to Users Outside the United States
We strive to create a community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Fatsack Outdoors (such as advertising or payments) or operate a Platform application or website.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Fatsack Outdoors, Inc. References to “us,” “we,” and “our” mean Fatsack Outdoors, Inc., d/b/a Fatsack Outdoors or FatsackOutdoors.com.
This Statement makes up the entire agreement between the parties regarding Fatsack Outdoors, and supersedes any and all prior agreements, whether oral or written.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing Fatsack Outdoors.
Mapping displayed on Fatsack Outdoors is not intended for navigation,
Mapping information is may not be suitable for any or all purposes, images, print outs, digital reproduction, and may not be shared, reproduced, stored, distributed, or used in any manner without the expressed written consent of Fatsack Outdoors, Inc.