These terms of service (the "Terms") apply to your use of the Barbless Flows application, flows.barbless.co, our other applications and tools, and any related services (collectively the "Services") provided by Barbless.co. By accessing and/or using our Services, you hereby confirm that you have read and hereby agree to be bound by the Terms. If you are between 13 and 18 years of age, you hereby agree that your legal guardian has read these Terms and agree that you are bound by the Terms.
Flows.barbless.co website and mobile applications are services for tracking, and sharing stream and river condition information. By accepting these Terms, Barbless.co grants to you a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use our Services for your own private purposes only, provided that your use is in accordance with these Terms.
You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.
You acknowledge that you are fully responsible for obtaining the relevant fishing permits or other authorizations, etc. needed in order to fish at a location which may be presented to you in our Services.
When you use or interact with our Services you agree that the Content you send, upload, communicate, transmit or otherwise make available:
If you notice any objectionable or unauthorised use of Content, etc. please let us know at email@example.com.
Barbless.co hereby reserves the right to remove any Content from the Services, but is not required to do so. Barbless.co does not review Content and is therefore not responsible for any third party Content or Content provided by you or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any Content.
In the event the Content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual or industrial property right (such as copyright), you hereby grant to Barbless.co an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferrable right to use, copy, reproduce, change, modify, translate, transfer, make publicly available and/or perform such Content in relation to our Services. To the fullest extent permitted under applicable law, you waive your moral right to and/or in the Content. You acknowledge and agree that we may share Content with our partners and/or companies that we cooperate with.
Certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. You may only use the Services if:
In addition, if you agree that our Services is allowed to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.
You may terminate your account and use of the Services at any time. You agree that Barbless.co may terminate your account and use of the Services if you breach these Terms. However, Barbless.co does not intend to take such actions in case of a minor breach. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time.
You hereby acknowledge that if either we or you terminate your account, all your Content will be made inaccessible.
You hereby acknowledge and agree that as soon as you start using the Services you waive any statutory cancellation rights that you might otherwise have had.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Barbless.co including its partners, affiliates, contractors, officers, directors, employees and agents shall not be liable for any loss of profit, loss of data or any other indirect damages in connection with the Services or otherwise under these Terms.
You agree to indemnify and hold Barbless.co, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms.
As a consumer you have special rights under mandatory consumer laws and regulations. We do not intend to limit or alter such rights under these Terms. Further we do not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
You agree that the Services are used at your own risk. Unless otherwise stated in these Terms, the Services are provided "as is" and Barbless.co disclaims any and all warranties, whether express or implied, relating to the Services, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.
Barbless.co is entitled to assign any of its rights and obligations under these Terms without restriction.
Barbless.co may change the Services at any time, such as by adding or removing features or discontinuing the Services.
In addition, Barbless.co is entitled to modify these Terms at any time. We will notify you of any major modifications to the Terms by e-mail 30 days in advance, but you are advised to regularly review the latest version which is published at www.barbless.co/tos.html. If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following notification of modified Terms shall constitute acceptance by you of such.
You may subscribe to Barbless.co’s premium service. If you are between 13 and 18 years of age your subscription only if your legal guardian has consented. The fees we charge for using our premium service are listed on http://flows.barbless.co/pricing. We may change our fees from time to time by posting the changes on the Barbless.co site or sending information by e-mail 30 days in advance. If you continue to use the Services after the new fees apply you accept the new fees.
Barbless.co may include links to third party services and/or third party services may be made available to you via Barbless Flows. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.
You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by Barbless.co or its licensors.
These Terms and all policies posted on our website represent the entire agreement between you and Barbless.co relating our Services, and replace all earlier agreements and understandings between you and us.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.
These Terms shall be governed by and construed in accordance with the laws of the United States. We both agree that the courts of Butte County, California shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.