Vendor Interface Agreement
Last updated: January 8, 2019
Vendor Relationship with FishingBooker. This Agreement sets forth the Terms and Conditions of Vendor's use of FishingBooker's products, software, services and Website(s) (collectively "Services"). FishingBooker means FishingBooker Inc, d/b/a FishingBooker and FishingBooker.com. (FishingBooker and Vendor are referred to herein each as a "Party," and collectively as the "Parties.") If Vendor does not agree to all of the Terms, Vendor must not use FishingBooker's Services. FishingBooker reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to FishingBooker's Services and cancellation of Vendor's FishingBooker account.
- "Customer", "Angler", or "User" mean a person or organization that purchases Fishing Trips from Vendor with the assistance of FishingBooker's Services.
- "FishingBooker Website", or "Website" mean the Website owned by FishingBooker and which has the URL FishingBooker.com and any and all other Websites owned or operated by FishingBooker over which FishingBooker offers online advertisement services.
- "Vendor", or "you" means any registered user of FishingBooker's Services that publishes listings and any related information to FishingBooker's Website for the purposes of holding out and offering fishing trips or fishing trips related services through the FishingBooker Website. Vendors include any party involved in offering or providing fishing trips to FishingBooker Users by publishing listings on the FishingBooker platform.
- "Listing" means the Vendor’s advertisement of various different travel products and services that can be purchased, reserved, or consummated by you from the Vendor on the FishingBooker platform.
Acceptance. Use of FishingBooker Services constitutes acceptance of this Agreement. Vendor accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by FishingBooker in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Vendor understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Vendor-Generated Content.
Uptime. FishingBooker will use commercially reasonable efforts to ensure that interfaces to Vendor and User access to FishingBooker Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the FishingBooker Website and when service interruptions are caused by conditions outside of FishingBooker's control. FishingBooker in no way guarantees that Services will be available without interruption.
FishingBooker is not responsible for any inaccuracy or incompleteness in the information provided by Vendor. It is the Vendor's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Vendor discovers that listing details are inaccurate or incorrect, it is the Vendor's sole responsibility to correct the information in the Vendor account interface or contact a FishingBooker representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that FishingBooker deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. FishingBooker reserves the right to remove Content at its sole discretion.
License. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged You hereby grant FishingBooker, Inc. and its successors, licensees and assignees all your rights in your Content and right for commercial use of your name, image, likeness, or any other other identifying aspect of identity. By listing and posting Content you grant FishingBooker an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in FishingBooker's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of FishingBooker's Service. By listing and posting Content You waive any right to royalties or other compensation arising or related to the use of Your Content. There is no time limit on the validity of the release nor is there any geographic limitation on where your Content may be distributed. By agreeing on Vendor Interface Agreement You acknowledge that You have completely read and fully understand the release and agree to be bound thereby and that agreement shall be binding upon You and Your heirs, legal representatives and assignees.
Photographs/Videographs. If you choose to use FishingBooker's photography/videography service, you agree that FishingBooker will own all right, title and interest in and to the copyright rights in the resulting images.
Copyright infringement. FishingBooker does not allow copyright infringing activities on the platform. We will remove a party’s data or content from FishingBooker if we are properly notified that it infringes on another's copyright.
In order for FishingBooker to take action, you must notify us in the following manner:
(1) provide us with your full name and physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
(2) identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;
(3) identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that FishingBooker can find it (such as the item’s URL);
(4) provide FishingBooker with a way to contact you (such as address, telephone number, or email);
(5) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by FishingBooker; and
(6) provide a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
We will notify the alleged infringer that you have claimed ownership of the rights in this content and that we have complied with your takedown notice for the content. Please contact us at [email protected] with the abovementioned information.
Registration. Prior to using Services, Vendor is required to register on the FishingBooker Website, and perform all actions necessary to comply with the FishingBooker Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations. Vendors agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Vendors further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, fishing lodges and other services, the conduct of their charter business, and the operation of any service advertised on the Website, including but not limited to taxes, permit or license requirements, inspection and safety compliance, and verification of User’s identification and travel documentation, as applicable.
It is the Vendor's responsibility to meet all local regulations and licensing to act as a charter operator who takes paying passenger fishing.
As a Vendor, you may create fishing trips. To create one, you will be asked a variety of questions. You acknowledge and agree that you alone are responsible for any and all content you post related to any fishing trip. Accordingly, you represent and warrant that any fishing trip you post and the booking of, or a Customer’s experience with a fishing trip you create will not breach any agreements you have entered into with any third parties, and will (i) be in compliance with all applicable laws (such as maritime laws and laws governing boats, bodies of water, etc.), tax requirements, intellectual property laws, and rules and regulations that may apply to any fishing trip you post (including having all required permits, licenses, and registrations), and (ii) not conflict with the rights of third parties. Please note that FishingBooker assumes no responsibility for a Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. FishingBooker reserves the right, at any time and without prior notice, to remove or disable access to any FishingBooker trip for any reason, including ones that FishingBooker, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or FishingBooker’s then-current policies, or that are otherwise harmful to the Website, FishingBooker, or its Customers.
As a Vendor, you understand and agree that FishingBooker does not act as an insurer or as your contracting agent. If a Customer requests a booking of your fishing trip, any agreement you enter into with such Customer is between you and the Customer and FishingBooker is not a party to it.
FishingBooker recommends that Vendors obtain insurance for their fishing trips. Please review any insurance policy that you may have for your fishing trip carefully and ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of Customers while on the trip.
FishingBooker makes decisions on the basis of the information from the listing, the enclosed documents and registered data, without examining the accuracy of the information from the listing, the credibility of the enclosed documents, and the regularity and legality of the proceedings in which the documents were brought, and therefore is not liable for any mistakes and damages that occur or may occur if those information or documents prove to be false.
Vendors can change the service fee percentage at any moment, however, the original service fee percentage that appeared before the change was made will apply to every booking that was made before the change.
Cancellation Fees. FishingBooker guarantees that the retained Payment Service provider will transfer a security deposit to the Vendor in case of any breach to their cancellation policy. FishingBooker’s policy is to cover the Vendor’s loss by transferring a security deposit (10-30% of the total trip price, with the exact percentage being chosen by the Vendor upon creating a FishingBooker listing.) This will be paid via PayPal or Braintree, and can only be paid upon receipt of an appropriate supporting document. FishingBooker reserves the right to choose a different type of payment method other then aforementioned, if, in good faith, determinants that a different type of payment method is more adequate. A supporting document can be defined as a credit memo, credit request, an invoice issued by the Vendor. An adequate paper trail could be an online request initiated or digitally signed document by the Vendor. The Vendor’s cancellation policy is chosen when their FishingBooker listing is created, in the same way that the security deposit (which is transferred in case of a breach of the cancellation policy) is chosen. To receive the security deposit if their cancellation policy is breached, the Vendor must provide supporting documents within 90 days of the trip date. Any claims of breach of cancellation policy submitted after 90 days of the trip date will be deemed invalid. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to you.
User-Vendor Communications. You agree that, with respect to other Vendors' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Vendor or User related to the purpose of the Website (such as inquiring about or booking an on-line fishing trip and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent. If it is discovered that a Vendor is using customer information obtained through FishingBooker to then book the customer directly and avoid paying FishingBooker commission, this will result in termination of the Vendor’s account.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Vendor or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Vendor's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Vendors are subject to review and approval at FishingBooker's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any Vendor. All Content must meet these Terms. We reserve the right to edit Content submitted to comply with our Content guidelines or formatting requirements.
Vendors are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Vendor intended.
FishingBooker does not accept any references to the Vendor’s personal website or contact details and reserves the right to remove any such references. In the case of infringement of this policy, FishingBooker reserves the right to block Vendor’s use of the site.
FishingBooker does not endorse any Vendor, Customer, or listing. Although Vendors and Customers are required by this Agreement to provide accurate information, FishingBooker does not make any representations about, confirm, or endorse any Vendor, Customer, or any Vendor’s or Customer’s purported identity or background.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Vendors or Customers or other third parties will be limited to a claim against the particular Vendor or Customer or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
Vendor (the "Indemnifying Party") will defend and indemnify FishingBooker (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.
You agree not to modify, reverse engineer or decompile the Widget, or remove or modify any attribution, promotional text, branding or links provided by FishingBooker with or in the Widget code. You agree not to syndicate or otherwise distribute the Widget to any third party.
The Widget is provided “as is” with all faults. FishingBooker is not responsible for the content, accuracy or performance of the Widget, and FishingBooker disclaims any and all express or implied warranties relating to the Widget. FishingBooker is not responsible for the content, accuracy or performance of any third party content which may be delivered to you through your use of the Widget. FishingBooker expressly disclaims any and all express or implied warranties, and any and all liability of any kind or nature, relating to such third party content. FishingBooker may change its technical processes for serving content and/or responding to the Widget, or otherwise modify the Widget in its sole discretion. FishingBooker may cease to deliver content to or otherwise support the Widget if the Widget violates applicable law or the rights of any third party, or for any other reason or no reason at all, in each case in FishingBooker’s sole discretion. You agree that you will remove the Widget from your website if you become aware that it violates copyright or any other applicable law, or if FishingBooker notifies you in writing to do so. By providing the Widget, FishingBooker does not endorse or otherwise affiliate itself with your website. Except as may be incidentally implied by the basic operation of the Widget itself (e.g. through any FishingBooker branding or links displayed by operation of the Widget), you may not display the Widget in a way that implies such an endorsement or affiliation.
You may not display the Widget on a website containing content that is pornographic; that promotes or incites hatred or violence; that invades personal rights including rights of privacy; that violates any law including intellectual property laws; or that interferes with the functioning of other websites. In the event of a legal claim arising against FishingBooker from your use of the Widget, you agree to indemnify FishingBooker for all liability and expenses incurred as a result of that claim.