Legal Information
Fisheyesoup.com, an Oregon limited liability company, dba Fisheyesoup.com ("Fisheyesoup.com") maintains this web site as a service to its members, customers and visitors. By using web sites owned and operated by Fisheyesoup.com or its reporting member sites, you are agreeing to comply with and be bound by the following Terms Of  Use, which may change at any time.

Introduction / Acceptance of Terms
Fisheyesoup.com offers you a wide variety of online products and services, including general information, web development content management tools,  web site development, aggregated and collected content that includes reports, articles, photographs, maps, and web specials.  These products and services are hereafter called the "Service".

By using the Service in any way you are agreeing to comply with these Terms of  Use, which we may update without notice and encourage you to check out here at any time. You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain Fisheyesoup.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Fisheyesoup.com.

Length of Service
Should a web site member decide to terminate services they may do so by providing written notice to Fisheyesoup.com. Any annual or monthly fee associated with the use of the services that is unused will be prorated back to the member for that period in which the service was not used.

Your Responsibility For Content & Conduct
You are responsible for any content that you upload, post or transmit on or through the Service.

You will not use the Service to distribute, link to, or solicit content that:  is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; includes personally identifiable information about children; infringes someone else's intellectual property or other rights; advocates or solicits violence or other criminal conduct; violates any law, regulation, or contract;  promotes participation in multi-level or pyramid marketing initiatives;  constitutes a raffle, sweepstakes, lottery, or any other form of gambling;  specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in the United States or any domicile of either the distributor or recipient; constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as Fisheyesoup.com specifically authorizes;  contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.

Privacy
We take your privacy seriously. Please view our privacy policy. When you enter into transactions with or provide information to other companies providing content to the Service, you will be subject to their privacy policies.

Security / No Disruption
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. 

Discretion Over Content, Use, Storage, And Operation of The Service
We do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

We may set limits regarding the Service, including limits on the length and size of storage of information and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not responsible or liable for the deletion or loss of content, messages, and other communications, or other content maintained or transmitted by the Service.

We may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Fisheyesoup.com, its users, or the public, or (e) to administer the Service.

We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms.

License of Your Content

Fishing Reports
When you upload or post fishing reports aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public.

Web Specials
All Web Specials content are the sole ownership of the authoring person of the web special or content web member site and cannot be reproduced unless the member site of the web special provides specific permission; except as provided.
When you a post a Web Special using the Service that is aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, license to use, reproduce, frame, brand, co-brand, and publish such Web Special in Fisheyesoup.com only.<p>

Articles
All articles and photographs within an article are the sole ownership of the authoring person of the article and cannot be reproduced unless the authoring person of the article provides specific written permission; except as provided.

When you a post an article using the service that is aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in Fisheyesoup.com only.

Photographs
Except as otherwise provided herein, all photographs or images are the sole ownership of the member site or member posting the photograph and cannot be reproduced unless the member site or member posting the photograph provides specific written permission.

When you upload or post a photograph or image that is aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such photography in Fisheyesoup.com only.

Maps
Except as otherwise provided herein, all maps are the sole ownership of the member site or member posting the map and cannot be reproduced unless the member site or member posting the map provides specific written permission.

When you upload or post a map that is aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable,  license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such map in Fisheyesoup.com only.

Other Content
When you upload or post any other content using the service (other than reports, articles and photographs, maps and web specials) that are aggregated to Fisheyesoup.com, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public.

Fishing Report Membership
As a fishing report member  you have access to posting fishing reports on Fisheyesoup.com.

The key to success in building visitor traffic to websites is current and accurate fishing reports and information. In view of the key to success and as a fishing report member site you have the responsibility to:
· Provide timely and accurate reports.
You understand that you can loose your rights to use the Fishing Report system if you do not:
· Provide timely and accurate reports.
· Post reports once a week or as otherwise deemed appropriate for seasonal variations in the reporting cycle.

Accurate Information
You will provide accurate and current information on all administration and registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

Content Copyright and Distribution
When you submit reports, articles, photographs, maps and web specials and any and all other content that is aggregated into Fisheyesoup.com you warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party. If it is determined by Fisheyesoup.com that any content infringes on the right of a third party, Fisheyesoup.com reserves the right to remove said content from the web site or any part of the service provided hereunder.

Reports, Web Site and Use of Content Management Software
If you are using the Service and the content management software to create a web site with related modules you will initially pay an activation fee.  The activation fee covers  set up costs for use of the software and server, developing a logo banner and any domain fees associated with transferring the domain to our servers so that you may use the Services.  This web site service is not to be construed as purchasing a web site or work for hire.  A monthly fee entitles you to use the Services.  The activation fee is nonrefundable.

The Service and any software it incorporates or downloads to you contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Except as expressly authorized by Fisheyesoup.com, you will not modify, transfer, assign, sell, or distribute works based on the Service or the software.

Unless you are receiving the software pursuant to another license from Fisheyesoup.com, in which case the specific provisions of that license exclusively apply, we grant you a personal, non-transferable, and non-exclusive license to use the software and content management software; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the software; and you will not modify the software or access the Service by any means other than the one we provide.

Links to The Service From Our Web Site Services
If you use our Fisheyesoup.com Web Sites content management service and post content via the Service, you will not:
· Develop restricted or password-only access pages, or hidden pages or images (those not linked to/from another accessible page);
· Use your storage space for remote loading or as mere re-direct or mirror site for another web page, whether inside of or beyond Fisheyesoup.com; 
· Offer pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities, including files that are intended solely for game emulation;
· Display any kind of commercial sponsorship or ad banner not sponsored by Fisheyesoup.com unless by written permission from Fisheyesoup.com;
· If you collect personally identifiable information through a Fisheyesoup.com Web Sites page or other website hosted by Fisheyesoup.com, you must follow the terms of Fisheyesoup.com's privacy policy, describing the purpose for gathering the information and the uses to which it may be put, letting users opt in and opt out of sharing any personal information with third parties; and letting users edit or make changes to the personal information that you gather.

Dealings With Advertisers and Third Party Sites
Fisheyesoup.com provides content, third party links, third party content and content feeds from Third-Party Sites.  We, or third-party, providers of content provide links to and from other World Wide Web sites or resources. We do not control these sites, their content and resources, do not endorse them, and are not responsible or liable for their availability, accuracy, content, or delivery of services. 

Indemnity
You will indemnify Fisheyesoup.com, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service, your use of the Service,  or your conduct on the Service, or the content of the Service or the content of Fisheyesoup.com. 

Disclaimer / Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE AND TO MAINTAIN THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, MAINTENANCE, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND Fisheyesoup.com, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM USE OF THE SERVICE.  WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Notices
Notices about changes to these terms will be posted on the Service and may be made via email and regular mail.

Trademark Information
Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email or regular mail.

You may never use our trademarks in the following ways:
· In a non-Fisheyesoup.com product name or publication title.
· In, as, or as part of your own trademarks.
· To identify products or services that are not Fisheyesoup.com's. 
· To cause confusion.
· To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services except as provided by written permission from Fisheyesoup.com.
· To disparage Fisheyesoup.com.
· In any other manner that Fisheyesoup.com or its users find offensive. 
· When you use our trademarks, please include the following attribution:  
"Fisheyesoup.com and the Fisheyesoup.com logos are registered trademarks of Fisheyesoup.com
· Except as noted above, you may not use, copy, or redistribute Fisheyesoup.com logos without written or electronic permission from Fisheyesoup.com. If you do not have a pre-existing agreement with Fisheyesoup.com, you may request permission for logo use.
 
Copyright Information
We own intellectual property rights to the software, documents and content used on the Service and its design, structure, and compilation (sometimes known as  "the look and feel" and “the backend”). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal.

You must have the legal right to any content you upload or download using the Service.

Unless otherwise noted, you may view, copy, and print Fisheyesoup.com documents from the Service so long as you are a member and use them only for your business purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices.

If at anytime you are no longer a member of the Service, you must cease any and all use of any software, programs, documents or any other content provided to or developed for you by Fisheyesoup.com.

Claims of Copyright Infringement
If you believe that your work or aggregated content has been copied and is accessible on the Service in a way that constitutes copyright infringement, please contact us immediately. 

General Terms
This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding between between you and Fisheyesoup.com and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. The laws of the state of Oregon except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the state of Oregon for any claim or dispute with Fisheyesoup.com or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. Notwithstanding any statute of limitations under state or federal law, you must file any claim or suit related to the Service within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.

As provided above, this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-laws principles.  If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in preparation or in prosecution or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by arbitration. Unless the parties otherwise agree, the arbitration shall be administered in accordance with the rules for arbitration set forth in the Oregon Rules of Civil Procedure and Oregon Statutes. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator shall be binding on the parties. There shall be one arbitrator who shall be a retired federal or state judge, a business lawyer or someone that shall have such alternate qualifications that are mutually agreeable to the parties. Any arbitration shall be conducted in Deschutes County, Oregon, in accordance with the following provisions:

(a)  Except as otherwise provided herein, the arbitration shall be conducted in accordance with the Oregon Rules of Civil Procedure.
(b)  Arbitration proceedings under this Agreement may be consolidated with arbitration proceedings pending between other parties if the arbitration proceedings arise out of the same transaction or relate to the same subject matter. Consolidation will be by order of the arbitrator in any of the pending cases or, if the arbitrator fails to make such an order, the parties may apply to any court of competent jurisdiction for such an order.
(c)  A party may, without inconsistency with this Agreement, seek from a court any interim or provisional relief that may be necessary to protect the rights or property of that party pending the establishment of the arbitration (or pending the arbitrator's determination of the merits of the dispute, controversy, or claim).
(d)  The arbitrator shall have authority to issue preliminary and other equitable relief.
(e) Discovery proceedings of the type provided by the Oregon Rules of Civil Procedure shall be permitted both in advance of and during recesses of the arbitration hearings. Any dispute relating to such discovery shall be resolved by the arbitrator.
(f) The arbitrator shall have the discretion to order a prehearing exchange of information by the parties and an exchange of summaries of testimony of proposed witnesses.
(g) The arbitrator shall have the authority to award any remedy or relief that an Oregon court could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process, except that the arbitrator shall not have authority to award punitive damages or any other amount for the purpose of imposing a penalty as opposed to compensating for actual damage suffered or loss incurred.
(h) The award shall be in writing, shall be signed by the arbitrator, and shall include a statement regarding the disposition of any claim. The award shall be kept confidential to the fullest extent permitted by law.

The parties agree that the remedy at law for any breach or threatened breach by a party may, by its nature, be inadequate, and that the other parties shall be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.

If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired.

Privacy Statement
Please remember that this Privacy Policy does not cover any information posted in your web site.  You should provide a Privacy Policy in your site for your visitors.  Fisheyesoup.com is committed to honoring the privacy of our reporting members and visitors. This Privacy Policy, part of our overall Terms of Service covers personally identifiable information through our Service for its users.

What information does Fisheyesoup.com receive and how do we use it?
When you register for Fishyesoup.com and other Fisheyesoup.com services, we ask you for your name and specific business information and contact information. This information lets us provide services and communicate separately with you.

Like most websites, we use small bits of data called cookies stored on users' computers to simulate a continuous connection. Cookies let us "remember" information about you and passwords and allows you to move within our Service without reintroducing yourself.

We occasionally send out an email newsletter to Fisheyesoup.com members to highlight features of the Service and share information with you about the Services.

Fisheyesoup.com members are required to update and edit their admin contact information and keep it current. You can easily correct or update your contact information at any time via your admin center or other location specifically identified in connection with a particular part of our Service.
We store all user information in secure databases protected via a variety of access controls. This data is accessed only for the purposes specified in this privacy statement.

We do not share personally identifiable data with other companies or individuals (apart from those acting as our agents in providing our Service to you, who agree to use it only for that purpose), except as necessary to fulfill a transaction you have requested, or unless you otherwise give us permission to do so.

Fisheyesoup.com may also share such information in response to legal process, such as a court order or subpoena.

Children may not register for Fisheyesoup.com member services.

Who can I contact if  I have any questions regarding my privacy?  Please contact us directly by email, mail or telephone with any questions or comments.

Last Modified - 07/15/2003