Amazon River Monsters Terms and Conditions
Amazon River Monsters is interested in creating a place for sport fishing lovers to exchange, share or acquire information or products related to fishing. For us, it is of great importance to have the informed consent of our users. That is why, we request you revise in detail the herein terms and conditions (hereinafter “T&C”). In the case you agree with the T&C, please accept them and register in our web site.
Acceptance. When using or visiting the website, you express your consent and compliance with these T&C. In case you do not agree with any of the T&C herein, please refrain from using our website.
Web site. These T&C apply to all and every user of the web site, i.e. all the persons who use, visit, or in any way participate in the web site.
Declarations and Statements.
Legal age. Even though Amazon River Monsters is related specifically to sport fishing, which is an activity to be performed without age limits, it is of utmost importance that those persons who are under 18 count on their parents supervision on a permanent basis before sending or exchanging information about themselves through the internet –irrespective of the web page they visit- and we earnestly advise parents to teach their children safety practices for the use of the internet in whatever form the information is exchanged, above all social networks.
Prohibition. You declare being of sufficient age in your jurisdiction to use a social network. Likewise, you declare being above 18 or an emancipated minor and have full capacity to accept and respect these policies. If you are under 18 do not use the web site without duly authorization and supervision of parents or legal representative. Your profile can be eliminated and cancelled without prior notice if we believe you are under 18. What is more, it is absolutely prohibited the use of the web site if you are 14 or under. If you find out a minor is using the website, you have to let us know immediately.
Contents. You declare and guarantee that:
- a) you are the proprietor of the contents you upload, publish, transmit or make available to Amazon River Monsters `services or through them.
- b) you possess all the licenses, rights, consents, permissions of use needed or you are entitled to grant the mentioned licenses and therefore authorize Amazon River Monsters to use patents, trademarks, trade secrets, copyright or any other intellectual property right so that Amazon River Monsters can include and make use of such content in accordance with the manner established in the site and these T&C.
- c) you have not granted third parties the rights to publish or reproduce the content that you upload to the web site nor your name or image.
- d) you have the written consent, authorization or permission of the persons who might appear within the content you upload.
- e) the publication of the contents in the services of Amazon River Monsters or through them does not violate the rights of privacy, publicity, intellectual or industrial property, contractual rights or any other right of third parties.
- f) the content has not been illegally obtained.
- g) the content is not against any law, regulation or statute, and,
- h) the content has not been copied, forged or stolen.
Amazon River Monsters Rights
Accounts closure. Amazon River Monsters does not control contents, however, Amazon River Monsters reserves the right of admission and the right to suspend and/or close all and every accounts in which it finds false or doubtful data or which may harm the rights of Amazon River Monsters or third parties. Amazon River Monsters, at its discretion, may refuse or deny to publish or eliminate any content which might infringe these T&C or which can be considered offensive, illegal, or violate the rights of any person or entity.
You bind yourself not to:
- a) submit material protected by copyright, trade secrets or which may be subject to third parties property rights, unless you are the holder of those rights or you possess the holder’s authorization to publish such material and grant Amazon River Monsters all the licensee fees by virtue of these T&C.
- b) publish false information or make false statements which might harm Amazon River Monsters or third parties.
- c) submit illegal, obscene, defamatory, threatening, pornographic, hostile, hateful, or ethnic or racial offensive material which encourage behavior which may be considered a felony or which may give way to a civil wrong, infringe the law or may be inappropriate in any way.
- d) pretend to be someone else.
Amazon River Monsters does not support the content published by users, their opinions, recommendations, or pieces of advice given by users and Amazon River Monsters is exempted from all responsibility which may arise from the content published by users.
Amazon River Monsters does not allow activities which may infringe copyright or violate intellectual property rights within the web. Likewise, Amazon River Monsters will eliminate all content if it finds out that such content infringes third parties copyright. Amazon River Monsters reserves the right to eliminate the content published by users without prior notification.
Amazon River Monsters also reserves the right to decide whether the content published by users is appropriate and complies with these T&C. Amazon River Monsters may at any moment, at its discretion and without prior notification, eliminate such content and cancel access of those users who upload material which does not comply with these T&C.
Prohibited content. Below there is a non-exhaustive list of contents which might be considered illegal or which are banned from publishing in the site. Amazon River Monsters reserves the right to investigate and initiate the necessary legal proceeding against any person who violates this regulation, including but not limited to the removal of the offensive communication from Amazon River Monsters services, the cancellation of the user’s account and the subsequent report to the competent authorities.
The Prohibited content includes, but not limits, all content published by users which, at Amazon River Monsters discretion, might be offensive or might encourage racism, intolerance, hate, physical harm or any type of harm against a person or group; might harass or encourage other people’s harassment, exploit persons violently or sexually, contain nudity, violent or obscene material which is linked to adults´ site, request personal information to under age persons, provide telephone numbers, addresses, last names, URLs or third persons email addresses; promote false information or boost illegal activities or behavior, or activities which might be abusive, dangerous, obscene or defamatory; promote an illegal or non-authorized copy of a person’s work of art which is protected by copyright; foster or favor any unlawful activity or company or instruct about illegal activities.
What stated as follows is also a violation of these T&C:
I.a) the use of any information obtained from the services of Amazon River Monsters in an attempt to hire, promote, offer or sell to any user without his/her prior consent. With the view of protecting our users from unwanted publicity or advertisements, Amazon River Monsters reserves the right to limit the amount of emails a user can send to another one in any given period of time. Amazon River Monsters, at its discretion, will establish an amount of emails which the site considers appropriate. If you infringe this clause and send massive unwanted emails [also known as “bulk email”], instant messages or other unwanted communication through Amazon River Monsters ´ services, you acknowledge having caused great harm to Amazon River Monsters;
I.b) the covering or darkening of banner advertisements in your profile page or in any page Amazon River Monsters by means of HTML/CDD or any other means.
I.c) The automated use of the system, such as the use of command sequences to add friends or send comments or messages, interfere, interrupt, or create an overload to Amazon River Monsters ´ services or the networks linked to Amazon River Monsters ´services.
I.d) the attempt to take the identity of another user or person.
I.e) The use of another user’s account, name or password. It is also a violation to reveal to third persons the user’s password or allow third persons to have access to the user’s account, sell or transfer the user’s account.
I.f) the use of any information obtained from the services of Amazon River Monsters with the aim to harass, abuse, or harm another person; show advertisements in the user’s profile, or accept a payment or reward from a third party in return for the performance of any commercial transaction in Amazon River Monsters ´ services or through such services in place and instead of someone else.
I.g) the attachment of blogs or bulletins with the aim to conduct business transactions, the selection of a profile which fosters commercial transactions or the use of Amazon River Monsters ´ services against the law and regulation.
I.h) The use or launch of an automated system, including robots, spiders, office readers, among others, which have access to the system and send more request messages to Amazon River Monsters ´ services during a given period of time than what a human being could send by the use of web online search engine during the same period.
Notice of inappropriate contents. Should you acknowledge the incorrect use of Amazon River Monsters ´s services or suspect that there has been a security breach or non authorized use of your account or password, or your work has been copied or published in Amazon River Monsters resulting in copyright infringement, or consider the content of the web site effects in any way your rights, you have to notify Amazon River Monsters given an account as clear as possible, such as:
I.h.a) a description of the rights which you consider have been infringed or the facts that lead to an incorrect use of Amazon River Monsters ´ services.
I.h.b) The indication or signaling of the content you consider affects your right.
I.h.c) A description, if corresponds, of the place within Amazon River Monsters´ services where you express the content which infringes your rights is.
I.h.d) What you request from Amazon River Monsters in connection to such content or the notified situation.
I.h.e) In the case of a violation to intellectual property rights, you are requested to provide a statement, under penalty of perjury, in which you state that the information you provided in the notification is accurate, that you are the copyright holder or you are authorized to act on behalf of the copyright holder.
I.h.f) Your address, telephone number and email address so that after considering the notified situation, Amazon River Monsters can, if necessary, contact you.
Disputes among users. You are fully liable for the communication and interaction with other Amazon River Monsters users. Amazon River Monsters reserves the right to check the disputes among you and other users, even though Amazon River Monsters is not compelled to do it.
Content. The User shall be liable for all the Contents published in Amazon River Monsters. Amazon River Monsters is not liable for the Users Content. In any case shall Amazon River Monsters be liable for failures in the service.
Damages. In any case shall Amazon River Monsters be liable for expenses, losses, indirect or consequential damages, loss of profits, moral damage nor punitive damages. Amazon River Monsters shall not be liable for suppositions or consequences out of Amazon River Monsters control, including but not limited to the interruption of electric power, problems with the internet service provider, natural disasters, etc.
Products and services. In any case shall Amazon River Monsters be liable for the sale of new or used goods or services sold or advertised by Amazon River Monsters ´ users, third parties or agents who hire through Amazon River Monsters if such activity was carried out within the site or through Amazon River Monsters. Amazon River Monsters is not liable for the products and services sold by the users through the web site.
Limitations of liability. In any case shall Amazon River Monsters, its officers, board of directors, employees, or representatives be liable for any direct or consequential damages, special or punitive which could be caused by:
- a) Mistakes or inaccuracies in the content.
- b) damages of any nature to the person or property which arise from Amazon River Monsters website access or the use of such site.
- c) any non-authorized access to the safe servers of the web site or all personal and financial information stored in such server or the use of such.
- d) any interruption or suspension of transmission from or to the web site.
- e) any “bug”, virus, trojan or similar viruses which could be transmitted from third parties from or to the web site.
- f) mistakes or omissions in content, loss or damages of any nature which you may incur resulting from the content published, sent by email, transmitted or available through the website which would be secured by means of a guarantee, contract, civil wrong, or any other legal theory, irrespective of whether Amazon River Monsters has been warned about the possibility of such damages arousing.
You herein acknowledge that Amazon River Monsters will not be held liable for the content submitted by users or by defamatory, offensive, illegal conduct by third parties. You herein take the risk of suffering any damages or detriment resulting from such material or conduct.
Transactions. The user shall be held responsible for all the activities carried out in his/her account. The user acknowledges and accepts the risk bore when doing business with other users or third parties. The user accepts that Amazon River Monsters is not involved and has no power over the quality, safety or legality of the above mentioned points, the truthfulness or accuracy of the ads, and the capacity of the Users to buy and sell goods.
Goods and services. The user accepts the fact that Amazon River Monsters is not responsible for the goods and services acquired and/or offered by the user or by third parties which are not the goods and services offered by Amazon River Monsters. Should one or more users or a third party initiate any complaint or legal dispute against any other user or a third party, every and all the users involved in the complaint or legal dispute absolve Amazon River Monsters from all responsibility, together with its board of directors, managers, employees, agents, workers, representatives and legal representatives.
No guarantee. The Site is provided on an “AS IS” basis. The access and use is at the user’s own risk. The user understands and accepts that Amazon River Monsters and its board of directors and/or employees, and/or associates do not guarantee merchantability, adequacy for a specific purpose or result nor copyright infringement. Amazon River Monsters does not guarantee and rejects any responsibility and obligation of completion, accuracy, availability, punctuality, safety, or reliability of its services or any other content resulting from thereof. Under this agreement, you acknowledge and accept that if Amazon River Monsters blocks the access to your account it is likely that you cannot have access to the services, the information of your account or files or any other content thereto. Amazon River Monsters shall not be liable for any damages, or loss the user may suffer arising from system failures, the server, or the Internet.
Compensation. The user commits himself/herself to defend and keep Amazon River Monsters, its holding company, board of directors, employees and associates harmless against any claim, compensation, loss, debt, costs or expenses (including the lawyer fees) which may arise from:
- a) the use of the web site or the access to such,
- b) the user’s violation to any of the clauses of these T&C.
- c) the user’s violation to third parties rights .
- d) any claim for damages caused to third parties resulting from the content you publish.
The above mentioned defense and compensation duty shall prevail even when the user has ceased to use Amazon River Monsters ´ web site or the above mentioned have expired. You bind yourself to pay all royalties, fees and any other type of expenses which shall be payable to any person arising from the contents you published in or through Amazon River Monsters services. You are the sole and unique responsible for your conduct and any content you upload, send, or show in the web site, and you herein agree to keep Amazon River Monsters harmless to such extent as detailed in clause 13 of these T&C.
Changes in the web site. The Site www.amazonrivermonsters.com is under permanent development and the form and object of the services may change without prior notice. Amazon River Monsters is entitled to end permanently the services provided or opt, at its discretion, to interrupt partially the services which shall not be construed as a right in favor of the Users.
Intellectual property. Through the acceptance of the herein T&C, the user grants Amazon River Monsters a non- exclusive, perpetual, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute, sell every and all the contents, at Amazon River Monsters discretion, by any means of communication or distribution method.
Intellectual Property rights. With the exception of the content provided by users, the content of Amazon River Monsters, including texts, software, scripts, pictures, sound, music, videos, interactive contents and the like, trademarks and logo (“brands”), among others, constitutes Amazon River Monsters private property or has been granted under licensee and is subject to copyright, or other types on intellectual property rights in accordance with the appropriate legislation. The Site is provided on an “AS IS” basis with the aim to inform and for personal use. The content shall not be used, copied, reproduced, distributed, transmitted, showed, sold, be subject to licensees or used in any other way or with any other aim as those set forth in these T&C, without prior written consent of the holders. Amazon River Monsters reserves all the rights which are not granted specifically to the web site and the content. You bind yourself not to omit, defuse or interfere with the security contents of the web site, nor the contents which avoid or limit use, or the copy of any content, or set limits to the use of the web site or its content. It is Amazon River Monsters policy to close the account of any user who infringes the intellectual property rights of third parties once Amazon River Monsters receives notice from the copyright holder or the legal representative of such.
Additional Information. Amazon River Monsters may, at its own discretion, request an additional registration for those users who conduct one or more commercial transactions in the site or carry out activities related with commerce, advertising or marketing which may affect in any possible way the economic interests of Amazon River Monsters, the user, or third parties.
Authorization. The User authorizes Amazon River Monsters, to use the personal data with the aim to develop the site www.amazonrivermonsters.com, including but not limited to receiving ads and promotions and the new services of the site.
Transfer. The user authorizes Amazon River Monsters to transfer the personal data uploaded to the site www.amazonrivermonsters.com with the aim to develop the site and implement the site’s services. In additions to this, the user authorizes the transfer of his or her personal data and Content to other countries to be stored and processed by Amazon River Monsters or any subcontractor for the provision of services.
Statement. The user herein accepts that the contents uploaded to the web site can be seen by all the users.
Notices. Amazon River Monsters can send you notifications, including those related to the contents´ changes, through e-mail, post, or publication in the services.
Newsletter Amazon River Monsters may produce a Newsletter with information of Amazon River Monsters (including the information posted by Amazon River Monsters users), relevant information and advertising, and send you the Newsletter to the email address provided by you. In case you don’t want to receive the Newsletter you may request to unsubscribe according to the details provided for it in the Newsletter
Directory of Professionals
Amazon River Monsters offers its users a section at its website called “Directory of Professionals” (the “Directory”). Any user that exercises a profession or provides a service, as, for instance (but not limited to), Fishing Guide, Instructor or Professional Fishing Instructor; is the owner of a fishing lodge or hostelry, or provides any professional service related to a fishing (outfitter, agent), shall be able to request to be included in the Directory.
The wording of the published info in the directory profile must be correct both in its grammar and spelling. Profiles which do not meet Amazon River Monsters Terms & Conditions will be temporarily suspended until the user has made the proper changes.
The only purpose of the Directory is to publish the information provided by the registered users, with no intervention by Amazon River Monsters. Any breach, by any user registered in the Directory, of these T and C, shall entitle Amazon River Monsters to remove the data published by such noncompliant user/s.
In order to be part of the Directory, you should:
FIRST: Sign up in our website either using your Facebook user account, or creating an account in Fly Dreamers. For this purpose, you should supply the following information: i) First name, ii) Last name, iii) email address, iv) Create a password and v) Select the country where you live. If you are already a member of Amazon River Monsters, you should access signing in directly.
SECOND: After signing up, you should fill in your professional profiles information. The following information should be included:
- i) Type of profile (i) Fishing Guide, Instructor; ii) Fishing Lodge, Hotel; iii) Outfitter, Agent.
- ii) Description of the characteristics of the service offered. Amazon River Monsters recommends to include a description both in English and Spanish/Portuguese languages.
iii) The species in which you are a specialist or that may be fished in your area.
- iv) The destination/s in which you offer your services, including the country, state, district or province, city and name of the river, lake or place.
- v) Upload a picture for the page’s cover.
- vi) Upload a selection of the best pictures of your service.
vii) A contact phone number, including area code and country code.
viii) Include a link to your webpage, if you have one.
Finally, after uploading this information, you should save the changes.
THIRD: After completing the information needed for the registration, you shall be automatically redirected to the PayPal web page, where you shall be able to pay the first fee of the corresponding tariff..
The rates applicable are the following:
- i) Fishing Guide: US$ 9,99 (Nine United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 89,99 (Eighty nine United States dollars and ninety nine cents).
- ii) Fishing lodge, boutique hotel or cabin: US$ 24,99 (Twenty four United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 225.00 (Two Hundred Twenty Five United States dollars).
iii) Outfitter or Agent: US$ 19,99 (Nineteen United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 179,99 (One hundred and seventy nine United States dollars and ninety nine cents).
The monthly/yearly fees shall be automatically debited from the user’s Paypal
It is expressly informed that Amazon River Monsters does not store any information in connection with the credit cards with which the user makes the payments.
The tariffs applicable shall vary from time to time, according to the criterion applied by Amazon River Monsters. In due time, such increased amounts or any other change in same shall be duly notified to the user.
It is expressly stated, and the user accepts, that Amazon River Monsters reserves its right to verify that the registration category corresponds to the user’s activity, and may, at any time, without prior notice, make the adjustments it deems appropriate and apply the tariff that corresponds to the user’s activity.
Once the registration process has been completed, you shall automatically become part of the Directory. Being part of the Directory implies that your profile shall become automatically public, consultable and accessible not only for any user registered at Amazon River Monsters ’ website but also for any person using any Internet search engine.
In order to amend any of the data inserted for the creation of the profile, you should access the area “edit” by clicking on the icon on the right side of the screen. After filling in the new information, you should save the changes. All the updates shall appear immediately in your profile.
It is expressly stated that Amazon River Monsters shall not be part of any of the potential relations between the members of the Directory and the users or any third party that might take place as consequence of being part of the Directory. Under no circumstance shall Amazon River Monsters , its officers, directors, employees or representatives be liable to any direct, indirect, incidental, special or punitive damages that the member of the Directory or the third party might incur in. Likewise, Amazon River Monsters shall not be responsible for the comments and ratings made by other users and/or contracting third parties in the space granted for reviews of the services provided by the members of the Directory.
At the time of becoming a member of the Directory, you undertake to defend, indemnify and hold Amazon River Monsters , its parent company, its officers, directors, employees or representatives harmless, from and against any damages, liabilities, losses, debts, costs or expenditures (including, among others, attorney fees) that might be incurred as consequence of the relationship between the member of the Directory and any other user or third party.
The user acknowledges and accepts that the opportunity of being part of the Directory is reserved exclusively to users engaged in sport fishing activities in a professional way (as, for instance, Fishing Guide, Instructors, professional Instructor, owners of a fishing lodge or hostelry, etc.) that wish to promote their businesses. In this respect, Amazon River Monsters reserves its right to cancel those accounts in the Directory that do not comply with those characteristics and conditions at its sole discretion and without prior notice.
Password. The user is responsible for protecting his/her password which should only be used to access the services provided by the Site www.amazonrivermonsters.com. When creating an account, you have to provide accurate and precise information, and when you register as a user, you will be asked to choose a password. You are fully responsible for keeping your password secret and for the use of your account. In any case shall the user use the account, nickname or password of another user without being duly authorized, nor reveal his/her password to third persons. In this way, you are the only responsible for damages which result from the non-authorized use of such information. You are the sole and only responsible for the information you provide and for the activity you conduct in the account and you have to keep the password to access your account safe. We shall not bear any responsibility for the losses caused by the non authorized use of your account. You shall be held liable for the losses incurred by Amazon River Monsters or third parties because of such non authorized use.
Headings. The headings of the herein T&C have as only purpose to be used as reference. It shall not be construed that the above mentioned headings govern, limit, modify or affect the scope, sense, or aim of the provisions of these T&C in any other way. In addition, they shall not have any legal effect whatsoever.
Invalidity. If any T&C of the herein T&C is considered null, void or illegal or any other way which a competent tribunal considers not enforceable, it shall not affect the validity of the other terms and conditions. However, the affected term or condition shall be modified subject to the tribunal’s opinion to make such term or condition valid, legal, and enforceable and the rights and duties shall be construed and enforced in accordance with the above mentioned.
Language. The translation to Spanish or Portuguese of these T&C is purely illustrative being the English version the prevailing one in any dispute or claim.
Assignment. You have to refrain from assigning or transferring the herein conditions, rights and licensees which are granted by virtue of these T&C. In spite of that, Amazon River Monsters could assign such rights and licensees without any restriction whatsoever.
Access. Interface. Through the herein T&C you bind yourself not to access or try to access to any of the services by any other means which is not the interface provided by Amazon River Monsters . Moreover, you commit yourself not to use automated means which include scripted sites, web crawlers, nor send spams or use the services provided by Amazon River Monsters with commercial aims.
Should you have any query concerning these Terms and Conditions, please contact us.