Terms of Use Agreement
BerkleyBigFish.com is a service that allows its Members (BerkleyBigFish Anglers) to post fishing photos, compete in various Competitions, enter Sweepstakes and interact publicly with other BerkleyBigFish Anglers from across the United States. The services offered by BerkleyBigFish include the BerkleyBigFish.com website and any other features, content, or applications offered by BerkleyBigFish.com.

This Terms of Use Agreement sets forth the legally binding terms for your use of BerkleyBigFish.com. By using BerkleyBigFish.com you agree to be bound by this agreement, whether you are a "Visitor" (unregistered user of BerkleyBigFish.com) or if you are a "BerkleyBigFish Angler" (a registered Member of BerkleyBigFish.com). The term "User" refers to a Visitor or a BerkleyBigFish Angler. You are only authorized to use BerkleyBigFish.com if you agree to abide by all applicable laws and to this agreement. Please read this agreement carefully and save it. If you do not agree with it, you should discontinue use of BerkleyBigFish.com immediately. If you wish to become a BerkleyBigFish Angler, communicate with other BerkleyBigFish Anglers and make use of BerkleyBigFish.com you must read this agreement and indicate your acceptance during the Registration process.

This agreement includes BerkleyBigFish’s policy for acceptable use of BerkleyBigFish.com and content posted on BerkleyBigFish.com, your rights, obligations and restrictions regarding your use of BerkleyBigFish.com and BerkleyBigFish’s Privacy Policy. In order to participate in certain BerkleyBigFish services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to BerkleyBigFish Services in which you choose to participate, those additional terms are hereby incorporated into this agreement.

BerkleyBigFish may modify this agreement from time to time and such modification shall be effective upon posting to the BerkleyBigFish.com. You agree to be bound to any changes to this Agreement when you use BerkleyBigFish after any such modification is posted. It is therefore important that you review this agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on BerkleyBigFish.com. Information provided by other BerkleyBigFish anglers may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BerkleyBigFish assumes no responsibility or liability for this material. If you become aware of misuse of BerkleyBigFish.com by any person, please contact us immediately.

BerkleyBigFish reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of BerkleyBigFish.com at any time, with or without prior notice, and without liability.

Eligibility
Use of and membership in BerkleyBigFish.com is void where prohibited. By using BerkleyBigFish.com, you represent and warrant that:

• All registration information you submit is truthful and accurate
• You are the owner of all photography submitted to BerkleyBigFish.com
• Your use of BerkleyBigFish.com does not violate any applicable law or regulation

Term
This Agreement shall remain in effect at all times for both visitors to BerkleyBigFish.com and BerkleyBigFish Anglers. BerkleyBigFish may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect.

Login and Password

When you sign up to become a BerkleyBigFish Angler, you will also be asked to choose a login and password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the login or password of another BerkleyBigFish Angler at any time or to disclose your login or password to any third party. You agree to notify BerkleyBigFish immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Proprietary Rights in Content on BerkleyBigFish

1. By choosing to submit photography or post information to BerkleyBigFish.com, BerkleyBigFish Anglers hereby grant to BerkleyBigFish a perpetual, exclusive license to use, modify, publicly display, reproduce and distribute submitted content within the confines of the BerkleyBigFish.com member base.

The license you grant to BerkleyBigFish is perpetual, fully-paid and royalty-free.

2. You represent and warrant that:
You own the Content posted by you on or through BerkleyBigFish.com or otherwise have the right to grant the license set forth in this section
The posting of your Content on BerkleyBigFish.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BerkleyBigFish.com.

3. BerkleyBigFish.com includes content created or posted by BerkleyBigFish. The BerkleyBigFish content is protected by copyright, trademark, patent, trade secret and other laws, and BerkleyBigFish owns and retains all rights to that content. BerkleyBigFish.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BerkleyBigFish content (excluding any software code) and content submitted by others solely for your personal use in connection with viewing BerkleyBigFish.com. Except as expressly permitted in this section, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content from BerkleyBigFish.com.

Content Posted
1. BerkleyBigFish may delete any content that in the sole judgment of BerkleyBigFish violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BerkleyBigFish assumes no responsibility for monitoring for inappropriate content or conduct. BerkleyBigFish assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of users.

2. You are solely responsible for the content that you post to BerkleyBigFish.com. BerkleyBigFish does not endorse and has no control over the content posted by users. Content is not reviewed by BerkleyBigFish prior to posting and does not necessarily reflect the opinions or policies of BerkleyBigFish. BerkleyBigFish makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content posted by BerkleyBigFish users.

Content/Activity Prohibited
The following is a partial list of the kind of content that is illegal or prohibited to post to BerkleyBigFish.com. BerkleyBigFish reserves the right to investigate and take appropriate legal action against anyone who, in BerkleyBigFish’s sole discretion, violates this provision, including without limitation, removing the offending communication from BerkleyBigFish.com and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of BerkleyBigFish.com:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual harasses or advocates harassment of another person
exploits people in a sexual or violent manner, contains nudity, violence, or offensive subject matter or contains a link to an adult website, solicits personal information from anyone under 18, provides any telephone numbers, street addresses, last names, email addresses
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming", contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page), furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, includes a photograph of another person that you have posted without that person’s consent

The following is a partial list of the kind of activity that is illegal or prohibited on the BerkleyBigFish.com. BerkleyBigFish reserves the right to investigate and take appropriate legal action against anyone who, in BerkleyBigFish’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets, any automated use of the system, such as using scripts to submit photos or post comments , interfering with, disrupting, or creating an undue burden on BerkleyBigFish or the networks or services connected to BerkleyBigFish
attempting to impersonate another BerkleyBigFish Angler or person
using the login or password of another BerkleyBigFish Angler at any time or disclosing your password to any third party or permitting any third party to access your account
using any information obtained from BerkleyBigFish in order to harass, abuse, or harm another person ,using BerkleyBigFish in a manner inconsistent with any and all applicable laws and regulations

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BerkleyBigFish to terminate membership privileges of any BerkleyBigFish Angler who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BerkleyBigFish by the copyright owner or the copyright owner’s legal agent.

BerkleyBigFish Angler Disputes
You are solely responsible for your interactions with other BerkleyBigFish Anglers. BerkleyBigFish reserves the right, but has no obligation, to monitor disputes between you and other BerkleyBigFish Anglers.

Privacy
Use of BerkleyBigFish is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers
BerkleyBigFish is not responsible for any incorrect or inaccurate content posted to BerkleyBigFish.com, whether caused by users or by any of the equipment or programming associated with or utilized by BerkleyBigFish.com. BerkleyBigFish Anglers my choose to post links to other websites. BerkleyBigFish is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BerkleyBigFish. Inclusion of any linked website on BerkleyBigFish.com by BerkleyBigFish Anglers does not imply approval or endorsement of the linked website by BerkleyBigFish. When you access these third-party sites, you do so at your own risk. BerkleyBigFish is not responsible for the conduct, whether online or offline, of any user of BerkleyBigFish.com. BerkleyBigFish assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or BerkleyBigFish Angler communication. BerkleyBigFish is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any data transfer due to technical problems or traffic congestion on the Internet or on BerkleyBigFish.com. under no circumstances shall BerkleyBigFish be responsible for any loss or damage, including personal injury or death, resulting from use of BerkleyBigFish.com, attendance at a BerkleyBigFish event, from any content posted on or BerkleyBigFish.com, or from the conduct of any Users of BerkleyBigFish.com, whether online or offline.

Limitation on Liability
IN NO EVENT SHALL BERKLEYBIGFISH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BERKLEYBIGFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BERKLEYBIGFISH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BERKLEYBIGFISH FOR BERKLEYBIGFISH DURING THE TERM OF MEMBERSHIP.

Indemnity
You agree to indemnify and hold BerkleyBigFish, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of BerkleyBigFish.com in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post to BerkleyBigFish.com to be liable to another.

BerkleyBigFish Angler Relations
BerkleyBigFish is committed to helping our BerkleyBigFish Anglers. If you are looking for information about BerkleyBigFish or to answer your most common questions, please contact us.

Other
This agreement is accepted upon your use of BerkleyBigFish.com and is further affirmed by you before becoming a BerkleyBigFish Angler (Member). This Agreement constitutes the entire agreement between you and BerkleyBigFish regarding the use of BerkleyBigFish.com. The failure of BerkleyBigFish to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. BerkleyBigFish is a trademark of Pure Fishing, Inc. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact BerkleyBigFish with any questions regarding this agreement.