The website www.cheekyfishing.com (the “Site”) is brought to you by North Point Brands, LLC (f/k/a Cheeky Fly Fishing, LLC) (“Cheeky,” “we,” “us,” or “our”).
1. CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF WEBSITE CONTENT.
a) Description of Website Content. The Site contains a wide variety of Website Content (defined below), whether (1) proprietary to Cheeky, or (2) proprietary to third parties. “Website Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, logos, slogans, taglines, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted by the “Accessing and Downloading Website Content” section below) through the Site. The Website Content contained on the Site has been included for general informational purposes only.
b) Our Proprietary Rights. You acknowledge and agree that all Website Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Cheeky or other parties that have licensed or otherwise granted use rights to their material to Cheeky, and are protected by copyright, trademark and other intellectual property laws. Except as approved by Cheeky in writing in advance, Website Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed for your commercial or business purposes, including by e-mail or other electronic means, without the prior consent of Cheeky or such third-party that owns the Website Content. All rights not expressly granted herein by Cheeky and/or its licensors to you are reserved by Cheeky and/or its licensors.
c) Accessing and Downloading Website Content. You download information from Cheeky at your own risk. Cheeky does not warrant that the Site or materials available therefrom are compatible with your equipment or that any such information is free from invasive or corruptive files or Harmful Code (as defined below). Cheeky will not be liable or have any responsibility of any kind for any loss or damage that you incur as a result of (i) use of the Site or the Website Content, including any errors, inaccuracies or omissions in such information, material or data, (ii) any harmful features arising from the Site or the Website Content, (iii) the act or omission of any other party involved in making the Site or the Website Content available to you, or (iv) from any other cause relating to your access to, inability to access, or use of the Site or the Website Content, whether or not the circumstances giving rise to such cause may have been within the control of Cheeky or third parties.
e) Website Content Disclaimer. Website Content is provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity, quality or age-appropriateness of Website Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Website Content, including any reliance on the Website Content or the integrity and accuracy of such Website Content. Nothing on OUR site should be deemed to constitute A recommendation to purchase, sell or hold, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, any registered or unregistered security.
2. RESTRICTIONS ON YOUR USE OF THE SITE. You shall not access or use the Site or any features on the Site in an unlawful way or for an unlawful or illegitimate purpose. You agree not to (a) upload or transmit any communication or content of any type that infringes or violates any rights of any party, (b) use, modify, sell, assign or transfer the Website Content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use the Site or any Website Content in any way for any public or commercial purpose, (c) reverse engineer, disassemble or decompile any software included on the Site and/or related to Website Content, (d) use the Site for any purpose in violation of local, state, national or international laws, (e) use the Site as a means to distribute or post advertising or other unsolicited material to any third party, (f) impersonate any person or entity or falsely represent your identification or affiliation, (g) harvest or otherwise collect information about others, (h) post or transmit via the Site information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person, (i) interfere with the operation of the Site, including without limitation, through the use of methods such as denial of service attacks, flooding, or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”), or (j) copy or distribute in any medium any part of the Site, use the Site in any manner that could damage, disable or impair our services or networks, attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means, or use any robot, scraper or other means to access the Site.
3. COPYRIGHTS, TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All copyrights, trademarks, service marks, logos, slogans and taglines displayed on or through the Site are the property of Cheeky or their respective owners and nothing contained herein should be construed as granting any license or right to use any copyrights, trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of Cheeky, or such third-party that may own the copyright, trademark, service mark, logo, slogan or tagline.
5. CUSTOMER CONTENT. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, product reviews, blog submissions, audio or visual media (including photographic images and videos) that you send to us, and other information provided by you to Cheeky (collectively, “Customer Content”) are not confidential and you hereby grant to Cheeky a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Customer Content as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
8. DISCLAIMER OF WARRANTY. ACCESS TO THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CHEEKY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE WEBSITE CONTENT AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHEEKY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, CHEEKY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CHEEKY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY WEBSITE CONTENT IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU. CHEEKY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE IDEAS OR INFORMATION ACCESSED THROUGH THE SITE.
9. LIMITATION OF LIABILITY. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY WEBSITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL CHEEKY OR ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY WEBSITE CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT, ANY INFRINGEMENT BY ANY WEBSITE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR THE MATERIALS OR INFORMATION CONTAINED ON THE SITE. UNDER NO CIRCUMSTANCES SHALL CHEEKY, ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR WEBSITE CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE CHEEKY AND HOLD CHEEKY AND ITS LICENSORS, LICENSEES, SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WEBSITE CONTENT. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
12. ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions; however, we undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update or refresh date applied to the Site should be taken to indicate that all information with respect to the Site has been modified or updated.
By e-mail: firstname.lastname@example.org
By phone: (339) 707-3017
By mail: Cheeky Fishing, 118 Waltham Street, Floor 2, Watertown, MA 02472