Terms

The Terms of Use (Terms of Use and Privacy Policy are collectively referred to as the “Terms”) govern and apply to your access and use of Angling iQ mobile application (“App”) in which the Terms are made available and your access and use of www.anglingiq.com on which a link to the Terms is posted (“Site”). The App and the Site are collectively referred to as the “Service”, which is provided by AnglingIQ ehf., Hlíðasmára 2, 201 Kópavogur, Iceland.

Please read the following terms carefully

By downloading or installing the App or by using it on the site or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the following Terms, including the Privacy Policy. If you are not eligible or do not agree to all of the Terms, do not use or access our Service.

You acknowledge and agree to the following:

  • You are at least 13 years old.

  • The App is licensed, not sold to you, and you may use the Service only as set forth in the Terms.

  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.

  • The Service is provided “as is” without warranties of any kind and Angling iQ liability to you is limited.

Use of the Service

Angling iQ App and Site are services for log and share anglers catches. By accepting these Terms, Angling iQ grants to you a non-exclusive, non-transferable, non-sublicensable, and limited right to download and install a copy of the App from a legitimate marketplace (such as Apple’s App Store or Google Play) to your mobile device, and to access and use the Service, in each case, for your own personal use, provided that your use is in accordance with these Terms.
You may not:

  • copy, modify, or create derivative works of the Service (or any part thereof) for any purpose;

  • distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party;

  • decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or

  • use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.

Our Service may change from time to time and/or we may stop providing the Service (or features within the Service), possibly without prior notice to you.

Our Service may include advertisements and promotions, as some of the Service is supported by advertising revenue, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time without specific notice to you. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising and promotions on our Service or in connection with the display of content or information on our Service. You also acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.

In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Angling iQ is not responsible for any act or omission of any Service Provider. Angling iQ does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as data, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Angling iQ immediately to suspend services.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

Creating an account

In order to access and use the Service, you need to register and create an account (your “Account”). By creating an Account, you represent that you are at least 13 years old, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of Iceland. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. We reserve the right to remove or reclaim a username if we believe it is appropriate. You agree to provide and maintain accurate, current and complete information about your Account.

When creating an Account, don’t:

  • Provide any false personal information to us or create any Account for anyone other than yourself without such other person’s permission;

  • Use a username that is the name of another person with the intent to impersonate that person;

  • Use a username that is subject to rights of another person without appropriate authorization; or

  • Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account is no longer secure, then you must notify us at support@anglingiq.com.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Payment

Access to the Service may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.

Content submissions

Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text, information on your geographical position and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.

By making Content available on or through the Service, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in whole or in part, in any media formats and through any media channels. Without limiting the foregoing, you agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to the Terms.

You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Service and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.

You also have the option of either temporarily disabling or permanently deleting your Account by contacting us via email at support@anglingiq.com.

If you disable your Account, we log you out of your Account and cease sending you push notifications, but we will save your information (including without limitation your Content) in case you later decide to reactivate your Account. If you delete your Account, we will permanently delete your Account information and Content, and we will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information (including without limitation your Content) for analytics purposes, but that information will not include your personal information such as name, or email address. We will also retain any information as required by law. Comments or emotions you make on Content shared by others, or messages you send, may also remain visible to other users after you delete your Account.

You represent and warrant that:

  • the Content is yours (you own it) or you have the right to use it and to grant us the right and license granted in the Terms, and

  • the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We ask that you respect our on-line community and other users when posting Content and using the Service. You agree not to:

  • Submit material that violates a third party’s proprietary rights, including without limitation privacy and publicity rights, or that otherwise violates any applicable law;

  • Publish falsehoods or misrepresentations that could damage us, our users or any third party;

  • Publish any private information of someone, like their address, phone number, email address, and similar information without their permission;

  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • Post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

  • Post advertisements;

  • Impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals, including without limitation by use of our trademarks, service marks, logos, branding or names without express written authorization from us;

  • Solicit a user’s password or other account information; or

  • Harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.

Since the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage or backup. Angling iQ will not be liable to you for any modifications, suspension or discontinuation of the Service or the loss of any Content.

Content of the service

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.

Copyright policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, please notify us via email at anglingiq@anglingiq.com or by mail to AnglingIQ ehf., Hlíðasmára 2, 201 Kópavogur, Iceland.

Angling iQ will promptly terminate the Accounts of users that are determined by Angling iQ to be “repeat infringers.' A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.

Unauthorized activites

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:

  • attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;

  • access, tamper with, interfere or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

  • gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;

  • use the Service for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms;

  • violate any applicable law or regulation; or

  • encourage or enable any other individual to do any of the foregoing; or

  • interfere with any user’s enjoyment of the Service, including without limitation by (a) making unsolicited offers or advertisements to other users of the Service or (b) attempting to collect, personal information about users or third parties without their consent. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.

Angling iQ appreciates to be notified of any objectionable or unauthorised use of Content, and users, rights holders and licensees are asked to inform Angling iQ of any potential violations by sending an e-mail to us at anglingiq@anglingiq.com.

Indemnity

You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

Links to third party sites

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. Angling iQ may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.

Changes to the terms

We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

Ownership

Angling iQ does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Angling iQ a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. You can choose who can view your Content as described in the Privacy Policy.

Termination

If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by deleting your Account and discontinuing all access to and use of the Service. If you or we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the App and parts thereof from your possession and control. Upon termination of the Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Disclaimer

You understand and agree that the Service (including any content or materials offered through the service) is provided to you “as is” and on an “as available” basis. Without limiting the foregoing, we explicitly disclaim all warranties, whether express, implied or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement or system integration and freedom from computer virus, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Service will meet your requirements or be available on an uninterrupted or secure basis or be free of errors or harmful components. You assume all risk for all damages that may result from your use of or access to the Service and your dealings with other service users.

Angling iQ does not make any representations or warranties that the information on the Service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk.

Angling iQ does not warrant that your use of the service is lawful in any particular jurisdiction, and Angling iQ specifically disclaim such warranties.

Liability

We will not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service (including without limitation any content obtained from the Service); (ii) any conduct or content of any third party on the Service; or (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including without limitation negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

Each provision of the terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of the terms. The limitations in this limitation of liability section will apply even if any limited remedy fails of its essential purpose.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General

The Terms are governed and construed by the laws of Iceland, without regard to any conflict of laws rules or principles. In the case of any lawsuit or court proceeding, you and Angling iQ agree to submit to the personal and exclusive jurisdiction of the Icelandic courts for the purpose of litigating all such disputes. We operate the Service from our offices in Iceland, and we make no representation that the Service is appropriate or available for use in other locations. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute resolution

These Terms shall be governed by and construed in accordance with the laws of Iceland. We both agree that the courts of Iceland shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Terms, or the breach, termination or invalidity of the Terms.

Consent to electronic communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.

Questions & contact information

The Services are offered by AnglingIQ ehf., located at Hlíðasmára 2, 201 Kópavogur. Please contact us if you have any questions about our Terms. You may contact us by sending correspondence to the foregoing address or by emailing us at anglingiq@anglingiq.com.

Effective date: October 8, 2015