Terms of Use
General: Keep Fish Wet, Inc (referenced herein as“Keepemwet”, “Keep Fish Wet”, “Keepemwet Fishing”, “us”, “we”, or “our”) owns and operates this website. The services offered by Keep Fish Wet include access to the Keep Fish Wet-branded URL and Keep Fish Wet - branded URL (the “Website”) and other features made available from the Website, such as the Newsletter or the Shop or the Advocate program, and any other content or applications offered from time to time by Keep Fish Wet in connection with this site (collectively, the “Services”). These Terms of Use (herein “Agreement”) set forth the legally binding terms and conditions for your use of the Services. This is a legal agreement between you (the Services user referenced herein with “you” and “your”) and us. Please read through this Agreement carefully.
We may need to revise the terms of this Agreement from time to time, such as, for example to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. We encourage you to review this Agreement each time you use the Services as you agree to remain subject to the Agreement (as amended). Your license to use the Services is contingent upon your continued acceptance and compliance with this Agreement (as amended).
This Agreement is the entire agreement regarding the Services, and supersedes any prior or contemporaneous communications between you and us regarding the Services. All rights not expressly granted herein are reserved. We reserve the right to restrict or deny our Services because of abuse, misuse or for any other violation of this Agreement.
1. Headings: The headings in this Agreement are for convenient reference only and shall not define or limit any of the terms or provisions hereof.
2. Eligibility: If you are under thirteen (13) years of age, your parents or guardians must view and accept this Agreement prior to your use of the Services.
3. Restrictions: The Services are restricted to personal, educational, and noncommercial uses. If you are interested in using the Services for commercial purposes, you may contact us.
4. Links to Third Party Sites: The Services include links and pointers to Internet sites, content and services provided by third parties. When linking to third party websites or services, additional terms of use and privacy notices may apply. We do not operate or control any information, products, or services that third parties may provide on or through the Internetsites linked by us. Keep Fish Wet is not responsible or liable for any loss or damage incurred as a result of any dealing with any third-party website.
5. Newsletter and Advocate program: Our Newsletter and Advocate program is facilitated through Mailchimp. If you choose to register for our Newsletter or the Advocate program (the “Newsletter”, the “Advocate” program) your email and/or mailing address will be collected from you by Mailchimp and transmitted to us using their software features. They are an independent contractor and nothing shall deem or constitute a joint venture or partnership between us and them. If you wish to stop receiving the Newsletter or leave the Advocate program, contact us at hello@keepfishwet.org.
6. Online Sales: We sell products to adults who can purchase with a credit card, or other permitted payment method. Our “Shop” is facilitated through Stripe, a cloud-based billing platform. They are an independent contractor and nothing shall deem or constitute a joint venture or partnership between us and them.
7. Disclaimer: The Services are provided “as is.” Keep Fish Wet makes no representation or warranty about the accuracy, currency, completeness, or reliability of information or content on or through the Services. While we make every effort to ensure the information we disseminate is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. In no event will Keep Fish Wet or any party involved in creating, producing, or delivering the Services be liable for any damages of any kind arising out of your use or reliance on the information or content. Keep Fish Wet does not warrant the Services included on or otherwise made available on the Website are free from viruses or other harmful components of electronic communication.
8. Intellectual Property: Keep Fish Wet and our associated logos, names, and slogans, e.g. Keepemwet Fishing, are our registered trademarks and/or service marks. In addition, graphics, logos, page headers, button icons, scripts, and Services names included in or made available through the Website are our trademarks or trade dress. Our trademarks and trade dress are protected from infringement by confusing or misleading uses under federal law. Other trademarks, service marks, names and logos used on or through the Website, such as the trademarks, service marks, names and logos associated with third party organizations, belong to their respective owners. Other than as specifically set forth herein, you are granted no right or license with respect to any of the intellectual property.
8.A. Trademarks: KEEPEMWET® is the registered trademark, and valuable asset of Keep Fish Wet, Inc. Any use of this distinctive mark inures to our benefit. The trademark KEEPEMWET® may not be used without prior, written permission. Third party usage of the trademark is limited to authorized licensees, and only in accordance with the guidelines expressed herein, and any additional guidelines provided under the authorization. Any questions concerning the use of the trademark or any marks or logos should be directed to hello@keepfishwet.org. Only Keep Fish Wet, Inc. and its authorized licensees may use the trademark in advertising, promotional, and sales materials.
9. Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our registered agent with the following information in writing (see 17 U.S.C 512 for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9.A. Registered Copyright Agent: You may direct copyright notifications to our registered agent via US mail to 11 Kingman Rd. Amherst, MA 01002, or via email to hello@keepfishwet.org.
10. Indemnification: You agree to indemnify and hold Keep Fish Wet, Inc., its affiliates, and all respective officers, agents, employees, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party because of or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement.
11. Choice of Law: Keep Fish Wet is a registered business in the State of Idaho. The terms of this Agreement or any claim arising out of or related to the use of Services shall be governed by the laws of Idaho and subject to its statute of limitations.
12. Binding Arbitration: Any disputes between you and Keep Fish Wet shall be resolved in binding arbitration, rather than in a court. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. You may be required to reimburse us for attorney’s fees and costs in arbitration.
13. Acceptance: By using the Services, you confirm your acceptance of this Agreement.
If you have any questions about this Agreement, the practices of the site, or your dealings with the site please contact us:
Keep Fish Wet
Https://www.keepemwet.org and https://www.keepfishwet.org
11 Kingman Rd.
Amherst, MA 01002
hello@keepfishwet.org
Privacy Policy
[August 1, 2020]
This Privacy Policy covers the Keep Fish Wet Website and all online portals and forms used on the website to collect Personal Information.
Personally Identifiable Information:
Personally Identifiable Information is the information that you provide to us which uniquely identifies you, such as your name, email address, billing information, or other data that can be reasonably linked with your use of the website.
We may collect information from users in a variety of ways, including but not limited to when users visit our website, subscribe for emails we send through MailChimp, and in connection with other services or resources we make available. Users may be asked for, as appropriate, for example, name, email address, and mailing address. We will collect information from users only if they voluntarily submit such information to us. Users may always to refuse to supply personal identification information, however doing so may limit them from engaging in certain website services.
Web Browser Cookies:
Our website may use cookies to boost your experience while using the website. Cookies are sent to your browser from our website and stored on your device. Cookies instruct our website on your user preferences. You can setup your browser to refuse cookies or indicate when a cookie has been sent.
Embedded Content from Other Websites:
Services on this site may include embedded content (e.g. videos, images, articles, etc.) from third party websites. These websites may use cookies, embed additional third party tracking and monitor interaction with that embedded content, including tracing your interaction with that embedded content.
How We Use Collected Information:
Keep Fish Wet collects and uses user personal information to personalize the user experience through our Newsletter and Advocate program and makes other services or resources available to our users. The type of information we collect and use depends on how you use the website and services.
How We Protect Collected Information:
Our website has security measures in place to protect against the loss, misuse, or alteration of information under our control.
We never sell, rent, or trade our user’s personal identification information to others.
Rights You Have Over Your Information:
Parents or guardians may request a copy of all personally identifiable information we collect from the minor child of the parent or guardian.
You can request a copy of all personally identifiable information we collect from you.
You can request that we erase any personal data we hold about you. This does not include information or data that we are obligated to keep for administrative, legal or security purposes.
Third Party Websites:
This policy does not cover the practices of any third party that have sites linked to or from the website. When visiting such third party sites, additional privacy policies may apply.
Changes To This Privacy Policy:
Keep Fish Wet has the discretion to update this privacy policy at any time. We may need to update our policy to reflect changes in the law or services we provide. If we do, we will update the date at the top of this page. We encourage users to check this page frequently for any changes to stay informed about how we are helping to protect the personal information we collect.
Your Acceptance Of These Terms:
By using this website, you confirm acceptance of this policy. If you do not agree to this policy, do not use our website. Your continued use of the website following the posting of changes to this policy will be deemed your acceptance of those changes.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
• By email: hello@keepfishwet.org