Use of Site
The Visitor of the Site may view, download, and print all contents subject to the following conditions:
- The content may be used solely for informational purposes consistent with federal and state copyright and trademark laws;
- The content may not be modified or altered in any way, and
- The Visitor may not allow the content to be used for commercial gain without the express written consent of Vagabond Sportfishing.
- The Visitor may also be granted rights to republish and distribute specific Vagabond Sportfishing-authored content as noted on that specific content. The Visitor may not republish, distribute, prepare derivative works, or otherwise use the Site content other than as explicitly permitted herein.
Except as provided above, the Visitor may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Vagabond Sportfishing without the express written consent of Vagabond Sportfishing. The Visitor may not use any meta tags or any other “hidden text” utilizing Vagabond Sportfishing’s name or trademarks without the express written consent of Vagabond Sportfishing. The Visitor may not use any Vagabond Sportfishing logo or other proprietary graphic or trademark as part of the link without the express written permission of Vagabond Sportfishing.
The Visitor may submit comments, and provide other content, to this Site so long as the comments or content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party (collectively “Visitor Contributions”). Further, such Visitor Contributions may not contain software viruses, mass mailings, chain letters, or any form of “spam.” The Visitor may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Vagabond Sportfishing as to the origin of the Visitor Contributions.
By submitting Visitor Contributions, the Visitor grants Vagabond Sportfishing a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media unless otherwise restricted by written agreement between Visitor and Vagabond Sportfishing. By submitting Visitor Contributions, the Visitor also represents and warrants that the Visitor Contribution is accurate, Visitor owns or has permission to use the content that Visitor submits, and that use of the Visitor Contributions will not cause injury to any person or entity.
The site and all contents herein are provided by Vagabond Sportfishing on an “as is” basis, and Vagabond Sportfishing expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the service or any materials and products. In no event shall Vagabond Sportfishing be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials, and the products.
The Site and the content within the Site are the property of Vagabond Sportfishing and are protected by United States copyright laws and international treaty provisions. The compilation, organization, and display of the content, as well as all software and inventions used on and in connection with this Site, are the exclusive property of Vagabond Sportfishing. Vagabond Sportfishing reserves all rights in the Site and its content not specifically granted in any agreements with Vagabond Sportfishing or in the Terms and Conditions.
Vagabond Sportfishing’s marks, graphics, logos, page headers, button icons, and scripts on the Site are Vagabond Sportfishing’s service marks, trademarks, and trade dress, and are the sole and exclusive property of Vagabond Sportfishing. Vagabond Sportfishing’s service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Vagabond Sportfishing, or in connection with any service or product that is not sponsored, endorsed, or produced by Vagabond Sportfishing.
Third Party Content
The Site may provide hyperlinks to third-party websites or access to third-party content. Vagabond Sportfishing does not control, endorse, or guarantee content found in such sites, even if such content references Vagabond Sportfishing. The Visitor agrees that Vagabond Sportfishing is not responsible for any content, associated links, resources, or services associated with a third-party site. The Visitor further agrees that Vagabond Sportfishing shall not be liable for any loss or damage of any sort associated with Visitor’s use of third-party content. Links and access to these sites are provided for the convenience of the Visitor only.
The Visitor agrees to defend, indemnify, and hold Vagabond Sportfishing harmless, including its members, employees, attorneys, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees and costs, including appeals, that the Indemnities may incur (i) in connection with Visitor’s use of the Site or any hyperlinked website or (ii) resulting from content you supply.
All matters relating to Visitor’s access to and use of the Site shall be governed by U.S. federal law and/or the laws of the State of California. Any legal action or proceeding relating to Visitor’s access to or use of the Site shall be instituted in San Diego County Superior Court, State of California, or United States District Court, Southern District of California (San Diego). If there is a determination that any provisions of the Terms and Conditions are invalid or unenforceable, that determination will not affect the rest of the Terms and Conditions and the Terms and Conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.