© 2006 Federation of Fly Fishers, Ohio Council

 

TERMS OF USE & PRIVACY and COPYRIGHT & TRADEMARK NOTICE

TERMS OF USE AGREEMENT

 

    This site is owned or managed by Federation of Fly Fishers, Ohio Council (collectively FFF/OHC). Please read this Agreement carefully before using this FFF/OHC Website. Your use of this FFF/OHC Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change.

 

    YOU MAY NOT USE ANY FFF/OHC WEBSITE, COPY, TEXT OR IMAGES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY FFF/OHC WEBSITE MAY BE TERMINATED IMMEDIATELY IN FFF/OHC’s SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

    This Agreement is effective as of January 1, 2005. FFF/OHC reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. FFF/OHC will provide notice of such change on this FFF/OHC Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the FFF/OHC Website and/or FFF/OHC Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this FFF/OHC Website and/or the FFF/OHC Internet Service to which the changes may apply.

 

Disclaimer of Warranties

    FFF/OHC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR FFF/OHC INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

Links

    This FFF/OHC Website may contain links to websites operated by third parties. FFF/OHC does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply FFF/OHC’ endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

 

Modification/Termination by FFF/OHC

    FFF/OHC reserves the right, in its sole discretion, to modify, suspend, or terminate this FFF/OHC Website and/or any portion thereof, including any FFF/OHC Internet Service, and/or your account, password, or use of any FFF/OHC Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

 

Subscription Services

    This FFF/OHC Website may offer certain FFF/OHC Subscription Services such as newsletters (collectively FFF/OHC Subscription Services). By registering for an FFF/OHC Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

 

Accounts, Security, Passwords

    If a particular FFF/OHC Website or FFF/OHC Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify FFF/OHC immediately of any unauthorized use of your account. FFF/OHC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular FFF/OHC Internet Service.

 

Limitations on Liability

    In no event shall FFF/OHC, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the FFF/OHC Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the FFF/OHC Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the FFF/OHC Website or any information, software, products, services, and related graphics obtained through the FFF/OHC Website; (vi) any transactions entered into through this FFF/OHC Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this FFF/OHC Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the FFF/OHC Website and FFF/OHC Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if FFF/OHC has been advised of the possibility of damages.

 

Indemnification

    You agree to indemnify, defend, and hold harmless FFF/OHC, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this FFF/OHC Website and any related FFF/OHC Internet Service and/or software. FFF/OHC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with FFF/OHC in asserting any available defenses.

 

Privacy Statement

    This statement informs you of FFF/OHC’ practices with respect to the online collection, use, and disclosure of personal information from this FFF/OHC Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.

    FFF/OHC is the owner of this website and retains all ownership rights to the information collected at this site. FFF/OHC reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

 

Personalization

    Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as enthusiast clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.

    We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about FFF/OHC and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the FFF/OHC family in order to enhance your experience on this and other FFF/OHC Websites.

 

Online Surveys/Contests

    From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information and promotional material on behalf of some of our partners, and to contact you when necessary.

 

Public Forums

    This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

 

IP Address and Log Files

    We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

 

Cookies

    This FFF/OHC site may use a standard technology called a cookie to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computers browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.

 

Security of Your Personal Information

    FFF/OHC employs reasonable security measures consistent with standard industry practice for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users personal information to only those employees who need the information to perform a specific job.

 

General Information

    This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or FFF/OHC brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this FFF/OHC Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Ohio. You agree to submit to the personal jurisdiction of the courts of the State of Ohio for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

    If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and FFF/OHC with respect to the use of this FFF/OHC Website and shall not be modified except in writing, signed by an authorized representative of FFF/OHC.

 

Use of Intellectual Property

    The FFF/OHC Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, FFF/OHC logos, titles, characters, names, graphics and button icons (collectively Intellectual Property), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by FFF/OHC.

    You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this FFF/OHC Website, in whole or in part, without the express written permission of FFF/OHC.

    Other trademarks, service marks, product names and company names or logos appearing on this FFF/OHC Website that are not owned by FFF/OHC may not be used without express permission from their owners.

    Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this FFF/OHC Website, or frame this FFF/OHC Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the FFF/OHC Website in an email for commercial purposes, without the express written permission of FFF/OHC.

 

(Return to Homepage)