Terms and conditions
These are the Conditions of Use that apply on your use as a Subscriber of the Service of Fly Fisherman’s Channel.
Terms written with a capital letter have the meaning as set out in this article, both in the singular and in the plural.
- Account: an account of an Subscriber, through which you will have access to the Service, whether or not in exchange for payment.
- Content: the content that is made available through the Service to you.
- Data: your personal data and/or the data concerning your use of the Service.
- Subscriber: a natural person who does not act in the course of a profession or business, who makes an Account and takes out a subscription to gain access to the Service.
- Intellectual Property: all intellectual property rights and the rights related thereto, including - but not limited to - copyright, database rights, domain name rights, trade name rights, rights to know-how, trademark rights, design rights, related rights, and patent rights.
- Service: the online streaming service made available by Fly Fisherman’s Channel for and regarding sportfishing in the broadest sense, whether or not made available via its website or a desktop application.
The Account and access to the Platform
- You need an Account for access to and use of (the Content on) the Service.
- An email address is required for making an Account and you must be at least 18 years of age.
- The use of the Account is strictly personal, and you are not entitled to allow others to use the Account. You will be responsible for all acts performed with your Account and you agree not to use the Service for public performances.
- Fly Fisherman’s Channel may set further restrictions or conditions to the access and use of specific Content, parts or functions of the Service.
- Fly Fisherman’s Channel will not be liable for damage, of whatever nature, arisen due to the fact that Fly Fisherman’s Channel has proceeded from incorrect and/or incomplete data provided by you, unless Fly Fisherman’s Channel was aware of this inaccuracy or incompleteness.
- You may cancel the subscription at any time, with effect from the end of the month. After the expiry of the subscription an Account can be removed, in which case Fly Fisherman’s Channel will remove all your Data with the exception of the Data that Fly Fisherman’s Channel must continue to keep for the fulfilment of its statutory obligation.
- You are not permitted to use the Service or its Content in a wrongful manner, or in a manner that is prohibited by law. If you use the Service in such a manner, Fly Fisherman’s Channel will be entitled to block your Account or otherwise restrict your use of the Service.
Subscription, Payment and Cancellation
- A subscription is taken out for a period of 1 month, which will be automatically extended for the same period.
- It is also possible to take out an annual subscription. On expiry of the subscription period, the subscription will be automatically converted into a monthly subscription, unless you choose to extend the subscription by one year.
- You can cancel your subscription at any time, and you will continue to have access to the Service through the end of your billing period.
- You need to pay the subscription fee in full by means of an advance payment to Fly Fisherman’s Channel. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Content.
- You can pay by direct debit collection. If you wish to use another payment method, additional costs may be charged for this with regard to the administrative costs. You are free to change the payment method at any time.
- The prices shown are in euro, including VAT (Dutch rate).
- Fly Fisherman’s Channel will be entitled to change the scope and/or the price of the subscription once per year. You will be informed of such change at least 30 days prior to this change.
- If the payment via the chosen payment method does not succeed, your Account will be frozen due to which you will not have access to the Service. In that case, you will be given the option of paying the subscription fee, following which the Account will immediately be released for use.
Limitation of Liability
- Fly Fisherman’s Channel will not be liable for damage resulting from the use of the Service or due to circumstances that are not at the risk or expense of Fly Fisherman’s Channel.
- Fly Fisherman’s Channel will make efforts to have the Service available for your use at any time, but cannot guarantee this. If the Service is unavailable, this will not result in any liability on the part of Fly Fisherman’s Channel, unless determined otherwise by mandatory legal provisions.
2. All your claims due to any failure on the part of Fly Fisherman’s Channel will lapse if these are not reported in writing with statement of reasons to Fly Fisherman’s Channel within one year after you were aware of, or reasonably could have been aware of, the facts on which you base these claims. In any event, the liability on the part of Fly Fisherman’s Channel will lapse one year after the specific event which leads to your claim.
Intellectual property rights
- You are expressly prohibited from infringing the Intellectual Property of Fly Fisherman’s Channel, its suppliers, or the parties entitled to the Content which is made available through the Service, as well as from harming the reputation of Fly Fisherman’s Channel.
- You are prohibited from copying and/or reproducing in another manner, publishing or changing the (Content of the) Service without prior permission in writing from Fly Fisherman’s Channel or the entitled party. You only have a limited right of use, as a result of which you can only view Content through the Service.
1. These Conditions of Use apply to your use of and your subscription for the Service.
2. Dutch law applies to the subscription and these Conditions of Use.
3. Fly Fisherman’s Channel may change these Conditions of Use from time to time and will inform you of any changes at least 30 days before such changes apply to you.
3. Insofar as mandatory statutory provisions do not prescribe otherwise, all disputes that may arise in connection with the Service or these Conditions of Use will be submitted to the Dutch court with competent jurisdiction of the Amsterdam District Court.
4. If any provision of these Conditions of Use appears to conflict with mandatory legal provisions, this will not affect the legal validity of the other provisions. In that case, we will adopt a new provision (new provisions) to replace the conflicting provision(s), while aiming to connect with the meaning of the original provision of these Conditions of Use as far as possible.
Aalsmeer, 15 March 2022