Terms & Conditions

Thank you for using Hooked It!

Hooked It’s products and services are provided by Hooked It, Inc. These Terms of Service ("Terms") govern your access to and use of Hooked It’s website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Statement of Rights and Responsibilities

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.

Date of Last Revision: May 29, 2017.

Acceptance. When using or visiting the website, you express your consent and compliance with these T&C. In case you do not agree with any of the T&C herein, please refrain from using our website. Website. These T&C apply to all and every user of the website, i.e. all the persons who use, visit, or in any way participate in the website.

Declarations and Statements.

Legal age. Even though Hooked It is related specifically to fly fishing, which is an activity to be performed without age limits, it is of utmost importance that those persons who are under 18 count on their parents supervision on a permanent basis before sending or exchanging information about themselves through the internet –irrespective of the web page they visit- and we earnestly advise parents to teach their children safety practices for the use of the internet in whatever form the information is exchanged, above all social networks.

Prohibition. You declare being of sufficient age in your jurisdiction to use a social network. Likewise, you declare being above 18 or an emancipated minor and have full capacity to accept and respect these policies. If you are under 18 do not use the website without duly authorization and supervision of parents or legal representative. Your profile can be eliminated and cancelled without prior notice if we believe you are under 18. What is more, the use of the website is absolutely prohibited if you are 14 or under. If you find out a minor is using the website, you have to let us know immediately.

Contents. You declare and guarantee that:

a) you are the proprietor of the contents you upload, publish, transmit or make available to Hooked It `services or through them.

b) you possess all the licensees, rights, consents, permissions of use needed or you are entitled to grant the mentioned licenses and therefore authorize Hooked It to use patents, trademarks, trade secrets, copyright or any other intellectual property right so that Hooked It can include and make use of such content in accordance with the manner established in the site and these T&C.

c) you have not granted third parties the rights to publish or reproduce the content that you upload to the website nor your name or image.

d) you have the written consent, authorization or permission of the persons who might appear within the content you upload.

e) the publication of the contents in the services of Hooked It or through them does not violate the rights of privacy, publicity, intellectual or industrial property, contractual rights or any other right of third parties.

f) the content has not been illegally obtained.

g) the content is not against any law, regulation or statute, and,

h) the content has not been copied, forged or stolen.

Hooked It Rights

Accounts closure. Hooked It does not control contents, however, Hooked It reserves the right of admission and the right to suspend and/or close all and every accounts in which it finds false or doubtful data or which may harm the rights of Hooked It or third parties. Hooked It, at its discretion, may refuse or deny to publish or eliminate any content which might infringe these T&C or which can be considered offensive, illegal, or violate the rights of any person or entity.

You bind yourself not to:

a) submit material protected by copyright, trade secrets or which may be subject to third parties property rights, unless you are the holder of those rights or you possess the holder’s authorization to publish such material and grant Hooked It all the licensee fees by virtue of these T&C.

b) publish false information or make false statements which might harm Hooked It or third parties.

c) submit illegal, obscene, defamatory, threatening, pornographic, hostile, hateful, or ethnic or racial offensive material which encourage behavior which may be considered a felony or which may give way to a civil wrong, infringe the law or may be inappropriate in any way.

d) pretend to be someone else.

Hooked It does not support the content published by users, their opinions, recommendations, or pieces of advice given by users and Hooked It is exempted from all responsibility which may arise from the content published by users.

Hooked It does not allow activities which may infringe copyright or violate intellectual property rights within the web. Likewise, Hooked It will eliminate all content if it finds out that such content infringes third parties copyright. Hooked It reserves the right to eliminate the content published by users without prior notification.

Hooked It also reserves the right to decide whether the content published by users is appropriate and complies with these T&C. Hooked It may at any moment, at its discretion and without prior notification, eliminate such content and cancel access of those users who upload material which does not comply with these T&C.

Prohibited content. Above all there is a non-exhaustive list of contents which might be considered illegal or which are banned from publishing in the site. Hooked It reserves the right to investigate and initiate the necessary legal proceeding against any person who violates this regulation, including but not limited to the removal of the offensive communication from Hooked It services, the cancellation of the users account and the subsequent report to the competent authorities.

The Prohibited content includes, but not limits, all content published by users which, at Hooked It discretion, might be offensive or might encourage racism, intolerance, hate, physical harm or any type of harm against a person or group; might harass or encourage other people’s harassment, exploit persons violently or sexually, contain nudity, violent or obscene material which is linked to adults´ site, request personal information to under age persons, provide telephone numbers, addresses, last names, URLs or third persons e-mail addresses; promote false information or boost illegal activities or behavior, or activities which might be abusive, dangerous, obscene or defamatory; promote an illegal or non-authorized copy of a person’s work of art which is protected by copyright; foster or favor any unlawful activity or company or instruct about illegal activities.

What stated as follows is also a violation of these T&C:

a) the use of any information obtained from the services of Hooked It in an attempt to hire, promote, offer or sell to any user without his/her prior consent. With the view of protecting our users from unwanted publicity or advertisements, Hooked It reserves the right to limit the amount of e-mails a user can send to another one in any given period of time. Hooked It at its discretion, will establish an amount of e-mails which the site considers appropriate. If you infringe this clause and send massive unwanted e-mails [also known as “bulk e-mail”], instant messages or other unwanted communication through Hooked It ´ services, you acknowledge having caused great harm to Hooked It;

b) the covering or darkening of banner advertisements in your profile page or in any page of Hooked It by means of HTML/CDD or any other means.

c) The automated use of the system, such as the use of command sequences to add friends or send comments or messages, interfere, interrupt, or create an overload to Hooked It services or the networks linked to Hooked It services.

d) the attempt to take the identity of another user or person.

e) The use of another user's account, name or password. It is also a violation to reveal to third persons the user’s password or allow third persons to have access to the user’s account, sell or transfer the user’s account.

f) the use of any information obtained from the services of Hooked It with the aim to harass, abuse, or harm another person; show advertisements in the user’s profile, or accept a payment or reward from a third party in return for the performance of any commercial transaction in Hooked It services or through such services in place and instead of someone else.

g) the attachment of blogs or bulletins with the aim to conduct business transactions, the selection of a profile which fosters commercial transactions or the use of Hooked It services against the law and regulation.

h) The use or launch of an automated system, including robots, spiders, office readers, among others, which have access to the system and send more request messages to Hooked It services during a given period of time than what a human being could send by the use of web on-line search engine during the same period.

Notice of inappropriate contents. Should you acknowledge the incorrect use Hooked It services or suspect that there has been a security breach or non-authorized use of your account or password, or your work has been copied or published in Hooked It resulting in copyright infringement, or consider the content of the website affects in any way your rights, you have to notify Hooked It given an account as clear as possible, such as:

a) a description of the rights which you consider have been infringed or the facts that leads to an incorrect use of Hooked It services.

b) the indication or signaling of the content you consider affects your right.

c) A description, if corresponds, of the place within Hooked It services where you express the content which infringes your rights is.

d) what you request from Hooked It in connection to such content or the notified situation.

e) In the case of a violation to intellectual property rights, you are requested to provide a statement, under penalty of perjury, in which you state that the information you provided in the notification is accurate, that you are the copyright holder or you are authorized to act on behalf of the copyright holder.

f) Your address, telephone number and e-mail address so that after considering the notified situation, Hooked It can, if necessary, contact you.

Disputes among users. You are fully liable for the communication and interaction with other Hooked It users. Hooked It reserves the right to check the disputes among you and other users, even though Hooked It is not compelled to do it.

Liability

Content. The User shall be liable for all the Contents published in Hooked It. Hooked It is not liable for the Users Content. In any case shall Hooked It be liable for failures in the service.

Damages. In any case shall Hooked It be liable for expenses, losses, indirect or consequential damages, loss of profits, moral damage nor punitive damages. Hooked It shall not be liable for suppositions or consequences out of Hooked It control, including but not limited to the interruption of electric power, problems with the internet service provider, natural disasters, etc.

Products and services. In any case shall Hooked It be liable for the sale of new or used goods or services sold or advertised Hooked It users, third parties or agents who hire through Hooked It if such activity was carried out within the site or through Hooked It. Hooked It is not liable for the products and services sold by the users through the website.

Limitations of liability. In any case shall Hooked It, its officers, board of directors, employees, or representatives be liable for any direct or consequential damages, special or punitive which could be caused by:

a) Mistakes or inaccuracies in the content.

b) damages of any nature to the person or property which arise from Hooked It website access or the use of such site.

c) any non-authorized access to the safe servers of the website or all personal and financial information stored in such server or the use of such.

d) any interruption or suspension of transmission from or to the website.

e) any “bug”, virus, Trojan or similar viruses which could be transmitted from third parties from or to the website.

f) mistakes or omissions in content, loss or damages of any nature which you may incur resulting from the content published, sent by e-mail, transmitted or available through the website which would be secured by means of a guarantee, contract, civil wrong, or any other legal theory, irrespective of whether Hooked It has been warned about the possibility of such damages arousing.

You herein acknowledge that Hooked It will not be held liable for the content submitted by users or by defamatory, offensive, illegal conduct by third parties. You herein take the risk of suffering any damages or detriment resulting from such material or conduct.

Transactions. The user shall be held responsible for all the activities carried out in his/her account. The user acknowledges and accepts the risk bore when doing business with other users or third parties. The user accepts that Hooked It is not involved and has no power over the quality, safety or legality of the above mentioned points, the truthfulness or accuracy of the ads, and the capacity of the Users to buy and sell goods.

Goods and services. The user accepts the fact that Hooked It is not responsible for the goods and services acquired and/or offered by the user or by third parties which are not the goods and services offered by Hooked It. Should one or more users or a third party initiate any complaint or legal dispute against any other user or a third party, every and all the users involved in the complaint or legal dispute absolve Hooked It from all responsibility, together with its board of directors, managers, employees, agents, workers, representatives and legal representatives.

No guarantee. The Site is provided on an “AS IS” basis. The access and use is at the user’s own risk. The user understands and accepts that Hooked It and its board of directors and/or employees, and/or associates do not guarantee merchantability, adequacy for a specific purpose or result nor copyright infringement. Hooked It does not guarantee and rejects any responsibility and obligation of completion, accuracy, availability, punctuality, safety, or reliability of its services or any other content resulting from thereof. Under this agreement, you acknowledge and accept that if Hooked It blocks the access to your account it is likely that you cannot have access to the services, the information of your account or files or any other content thereto. Hooked It shall not be liable for any damages, or loss the user may suffer arising from system failures, the server, or the Internet.

Compensation. The user commits himself/herself to defend and keep Hooked It, its holding company, board of directors, employees and associates harmless against any claim, compensation, loss, debt, costs or expenses (including the lawyer fees) which may arise from:

a) the use of the website or the access to such,

b) the user’s violation to any of the clauses of these T&C.

c) the user’s violation to third parties rights.

d) any claim for damages caused to third parties resulting from the content you publish.

The above mentioned defense and compensation duty shall prevail even when the user has ceased to use Hooked It website or the above mentioned have expired. You bind yourself to pay all royalties, fees and any other type of expenses which shall be payable to any person arising from the contents you published in or through Hooked It services. You are the sole and unique responsible for your conduct and any content you upload, send, or show in the website, and you herein agree to keep Hooked It harmless to such extent as detailed in clause 13 of these T&C.

Changes in the website. The Site www.hookedit.com is under permanent development and the form and object of the services may change without prior notice Hooked It is entitled to end permanently the services provided or opt, at its discretion, to interrupt partially the services which shall not be construed as a right in favor of the Users.

Amendments to the T&C. Users must comply with all applicable laws and the T&C, as may be amended from time to time with or without advance notice. Hooked It reserves the right to modify, supplement or replace the T&C, effective upon posting at www.hookedit.com. In any case, Users must review this T&C on a regular basis in order to be updated with the amended T&C. If possible Hooked It will notify you of the relevant changes made to the T&C. For example, Hooked It may present a banner on the site so that you may access and review the changes to the T&C or Privacy Policy prior to your continued use of the site. If you do not agree to changes please refrain from using our website.

Intellectual property. Through the acceptance of the herein T&C, the user grants Hooked It a non- exclusive, perpetual, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute, sell every and all the contents, at Hooked It discretion, by any means of communication or distribution method.

Intellectual Property Rights. With the exception of the content provided by users, the content of Hooked It, including texts, software, scripts, pictures, sound, music, videos, interactive contents and the like, trademarks and logo (“brands”), among others, constitutes Hooked It private property or has been granted under licensee and is subject to copyright, or other types on intellectual property rights in accordance with the appropriate legislation. The Site is provided on an “AS IS” basis with the aim to inform and for personal use. The content shall not be used, copied, reproduced, distributed, transmitted, showed, sold, be subject to licensees or used in any other way or with any other aim as those set forth in these T&C, without prior written consent of the holders. Hooked It reserves all the rights which are not granted specifically to the website and the content. You bind yourself not to omit, defuse or interfere with the security contents of the website, nor the contents which avoid or limit use, or the copy of any content, or set limits to the use of the website or its content. It is Hooked It policy to close the account of any user who infringes the intellectual property rights of third parties once Hooked It receives notice from the copyright holder or the legal representative of such.

Additional Information. Hooked It may, at its own discretion, request an additional registration for those users who conduct one or more commercial transactions in the site or carry out activities related with commerce, advertising or marketing which may affect in any possible way the economic interests of Hooked It, the user, or third parties.

Third parties website. The website may contain links to third persons websites which are not Hooked It property or are beyond Hooked It control. Hooked It neither controls the content nor the policies or privacy practices of third parties websites. Likewise, Hooked It is not responsible for such contents, policies or practices. When using our website, you accept and acknowledge that you are fully liable for the use of third parties websites, and you exempt Hooked It from all liability that could arise from the use of such websites. That is why, we suggest that once you leave our website, you read the terms and conditions and the privacy policy of any other website you visit Hooked It services and contents may contain links to websites or resources of third parties over which Hooked It has no responsibility whatsoever.

Personal Information

Authorization. The User authorizes Hooked It, to use the personal data with the aim to develop the site www.hookedit.com, including but not limited to receiving ads and promotions and the new services of the site.

Transfer. The user authorizes, to transfer the personal data uploaded to the site www.hookedit.com with the aim to develop the site and implement the site’s services. In additions to this, the user authorizes the transfer of his or her personal data and content to other countries possibly to be stored and processed by Hooked It or any subcontractor for the provision of services.

Statement. The user herein accepts that the contents uploaded to the website can be seen by all the users.

Notices. Hooked It can send you notifications, including those related to the contents' changes, through e-mail, post, or publication in the services.

Newsletter. Hooked It may produce a Newsletter with information of Hooked It (including the information posted by Hooked It users), relevant information and advertising, and send you the Newsletter to the email address provided by you. In case you don’t want to receive the Newsletter you may request to unsubscribe according to the details provided for it in the Newsletter.

Miscellaneous

Password. The user is responsible for protecting his/her password which should only be used to access the services provided by the Site www.hookedit.com. When creating an account, you have to provide accurate and precise information, and when you register as a user, you will be asked to choose a password. You are fully responsible for keeping your password secret and for the use of your account. In any case shall the user use the account, nickname or password of another user without being duly authorized, nor reveal his/her password to third persons. In this way, you are the only responsible for damages which result from the non-authorized use of such information. You are the sole and only responsible for the information you provide and for the activity you conduct in the account and you have to keep the password to access your account safe. We shall not bear any responsibility for the losses caused by the non-authorized or unauthorized account. You shall be held liable for the losses incurred by Hooked It or third parties because of such non authorized use.

Headings. The headings of the herein T&C have as only purpose to be used as reference. It shall not be construed that the above mentioned headings govern, limit, modify or affect the scope, sense, or aim of the provisions of these T&C in any other way. In addition, they shall not have any legal effect whatsoever.

Invalidity. If any T&C of the herein T&C is considered null, void or illegal or any other way which a competent tribunal considers not enforceable, it shall not affect the validity of the other terms and conditions. However, the affected term or condition shall be modified subject to the tribunal’s opinion to make such term or condition valid, legal, and enforceable and the rights and duties shall be construed and enforced in accordance with the above mentioned.

Assignment. You have to refrain from assigning or transferring the herein conditions, rights and licensees which are granted by virtue of these T&C. In spite of that, Hooked It could assign such rights and licensees without any restriction whatsoever.

Access. Interface. Through the herein T&C you bind yourself not to access or try to access to any of the services by any other means which is not the interface provided by Hooked It. Moreover, you commit yourself not to use automated means which include scripted sites, web crawlers, nor send spam or use the services provided by Hooked It with commercial aims.

Legislation. The herein T&C shall be construed in accordance with United States Law.

Jurisdiction. These Terms shall be governed by the laws of the State of Illinois, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Chicago, Illinois or the United States District Court for Illinois, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

General Terms

Notification Procedures and changes to these Terms. Hooked It reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hooked It without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Hooked It in connection with the Products, shall constitute the entire agreement between you and Hooked It concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hooked It's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Should you have any query concerning these Terms and Conditions, please contact us.