Last revised: March 15, 2022
These Terms and Conditions (“Terms”) are a legal agreement between you or the entity you represent (“you,” “your,” or “Customer”) and Tackle Films LLC (“we,” “us” or “Tackle Films”). The Terms govern your access to and use of the Tackle Films website (“Website”), your downloading or installing the Tackle Films mobile application (the “App”), and your use of any of the services offered by Tackle Films (collectively with the Website and the App, the “Services”).
These Terms take effect when you click “I Accept“ or when you access, browse or otherwise use any of the Services (the “Effective Date”) and you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them.
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the organization you represent, you represent to us that you have legal authority to bind that entity.
Customer Content
Except as provided in this Agreement, Tackle Films does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you post or upload to the Website and/or through the Services. After posting or uploading your User Content to the Website and/or through the Services, you continue to retain all your ownership rights in such User Content except as set forth in this Agreement.
You are solely responsible for any Content in your User Content and for the use of the User Content, including on our Website and through the Services. We reserve the right to remove such Content, your User Content and/or any other content in our sole and absolute discretion. You are legally responsible for all data, content or other information ("User Content") uploaded, posted or stored through your Account or otherwise through your use of the Services. Tackle Films reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in Tackle Films’ sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in Tackle Films’ sole discretion;
(d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms or any other agreement between you and Tackle Films.
Customer Intellectual Property Rights
Tackle Films claims no intellectual property rights over the User Content you provide using the Services. Your User Content remain yours. However, you agree that Tackle Films may (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the Tackle Films Privacy Policy. You are responsible for making sure that you have all rights in the User Content.
Customer Conduct Policy
Please read this Conduct Policy carefully. It governs your conduct while using the Services. You agree not to use the Services or the Website to take any action(s) that violates or is otherwise not in accordance with the terms of this Agreement, or is illegal or otherwise objectionable or inappropriate for minors, as determined in our sole and absolute discretion.
Notwithstanding anything to the contrary in Tackle Films’ Conduct Policy, Tackle Films reserves the right, but does not assume the obligation, to investigate any violation of its Conduct Policy or any other misuse of the Services or its systems, equipment or network. Tackle Films further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Tackle Films deems objectionable.
Any violation of this policy may result in the suspension or termination of your access to the Services and such action as Tackle Films deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
If you become aware of misuse of the Services by any person, please contact Tackle Films at support@tacklefilms.com.
Your Liability
You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account.
You agree to indemnify and hold Tackle Films and its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Website or through the Services causes Tackle Films to be liable to another third party or User.
You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk.
Your Account
To access the Services, you must register for a Tackle Films account (“Account”) associated with a valid email address. You can only create one account per email address.
You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that Tackle Films is not responsible for unauthorized access to your account.
You may not share your Account or password with anyone, and you agree to notify Tackle Films immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tackle Films has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tackle Films has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
Limits
Access to media and other data is only available for paid accounts. Your media and data is saved for three years after you stop making payments. During that three year period, access to media and data can be restored by purchasing an account.
Film is provided at 720p. Lower resolutions may be delivered if your device has limited bandwidth as the media is being delivered.
System and Network Security
The media and data you upload to Tackle Films is stored in a secure and fault tolerant way. While every attempt is made to secure your media, it is unlikely but possible that it may be lost. Tackle Films makes no guarantee that media will not be lost or damaged. Additionally, the service may become unavailable for periods of time due to conditions beyond our control. Therefore Tackle Films cannot guarantee 100% availability of the Services.
You agree not to violate the security of any system or network comprising the Service. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Services or to breach security or authentication measures.
- Unauthorized monitoring of data or traffic on the Services.
- Interference with the Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
- Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Using manual or electronic means to avoid any use or access limitations placed on this Service.
- Modifying, transferring, or otherwise distributing the Services to any third party.
- Disassembling, decompiling or reverse engineering any aspect of the Services.
- Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of TF or its suppliers;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
- Execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you
Tackle Films Services Payment and Fees
The Services are offered by Tackle Films for a fee. The fees for such Services are posted on the Website and/or the App Stores. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay Tackle Films in advance the applicable fees for the Services provided by Tackle Films under these Terms. You will have access to the Services for one year from payment.
If you elect to pay applicable fees with a credit card, Tackle Films will bill your credit card for all fees and you hereby authorize Tackle Films to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide Tackle Films with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Tackle Films reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies.
Tackle Films Intellectual Property Rights
The Website and the Services, as well as certain Content available therein (together, “Tackle Films Intellectual Property”), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and Tackle Films owns all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation) and retains all such rights in the Tackle Films Intellectual Property. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Services, and you further acknowledge and agree that all rights in and to the Services are and shall forever be owned by and inure to the benefit of Tackle Films.
Any unauthorized use of the Services will terminate the permission granted by Tackle Films to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Without limiting the foregoing, Tackle Films LLC©, Tackle Films ©, and the Tackle Films logo are trademarks of Tackle Films LLC, protected under international law, the laws of the United States and other countries. "Tackle Films LLC ©," "TackleFilms.com" and Tackle Films' logos may not be copied, used or imitated, in whole or in part, without the prior written permission of Tackle Films. Other parties’ trademarks used, depicted or identified on this Website are the property of their respective owners, used here by permission, and may be registered in one or more countries.
You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Tackle Films' permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Tackle Films, and may not be copied, imitated, or used, in whole or in part, without Tackle Films’ prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tackle Films.
App Stores
You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and Tackle Films, and do not involve the App Store company. Tackle Films, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them.
Google Play and the Google Play logo are trademarks of Google LLC
App Store is the trademark of Apple Inc.
Privacy
Refer to Tackle Films' Privacy Policy to understand how Tackle Films collects, uses and discloses your personal information. You agree to use the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by Tackle Films.
Links and Third-Party Content
Tackle Films or third parties may provide links on the Services to other sites or content. Tackle Films has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Services. Tackle Films provides links to you only as a convenience, and the inclusion of any link on the Services does not imply Tackle Films’ affiliation, endorsement, or adoption of the linked site or any information therein.
No Warranties
We cannot and do not represent or warrant that the Website or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. TACKLE FILMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
TACKLE FILMS’ AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO TACKLE FILMS DURING THE PRIOR 12 MONTH PERIOD.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Tackle Films. Tackle Films would not be able to provide the App or the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Tackle Films’ suppliers as well.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
Digital Millennium Copyright Act (DMCA)
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User’s access privileges in the event of repeat infringement by a User.
The Website is an internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, Tackle Films maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Copyright Agent
Tackle Films LLC
#318
274 E. Eau Gallie Blvd
Indian Harbour Beach, FL 32937
Tackle Films will respond expeditiously to claims of copyright infringement committed on the Website. In notifying Tackle Films of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit Tackle Films to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
General Provisions
You hereby release Tackle Films and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tackle Films’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Tackle Films shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Where Tackle Films requires that you provide an e-mail address, you are responsible for providing Tackle Films with your most current e-mail address. In the event that the last e-mail address you provided to Tackle Films is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Tackle Films’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tackle Films at the following address: Tackle Films, #318, 274 E. Eau Gallie Blvd, Indian Harbour Beach, FL 32937 or support@tacklefilms.com. Such notice shall be deemed given when received by Tackle Films by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
Please note that the Terms are subject to change by Tackle Films in its sole discretion at any time. When changes are made, Tackle Films will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If Tackle Films makes any material changes, and you have registered with us to create an Account, Tackle Films will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.
Last Updated: March 15, 2022
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