Fly Fishing In Maine

July 3, 2009 - 11:27 pm

Terms of Service

As a user making use of the website www.FlyFishingInMaine.com, you're agreeing to abide by the Terms of Service below. We've created these rules and guidelines to protect you and to ensure that the FFIM Web Site is safe and fun for everybody. If you encounter another member who isn't abiding by these rules, please write to us. By agreeing to these terms, you're taking responsibility for your own actions.

FlyFishingInMaine.com; Fly Fishing In Maine Terms of Service

1. Acceptance of Terms of Use
www.FlyFishingInMaine.com: Fly Fishing In Maine (FFIM) is provided as a benefit under these Terms of Service. If you sign on to FFIM as a guest, these Terms of Service will govern your use of the FFIM web site, including access to message boards and other features. If you register as a member of FFIM community, these Terms of Service will govern your use of the FFIM, including access to message boards, any e-mail account which may be provided to you in connection with FFIM and other features. BY SIGNING ON TO FFIM AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of FFIM and all services provided in connection with FFIM, including but not limited to any e-mail accounts provided to you by Fly Fishing In Maine. Fly Fishing In Maine shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter the FFIM Web Site. The Terms of Service for your continued use of FFIM will be available throughout FFIM. Please check these areas before using FFIM to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with FFIM immediately (i) by notifying Fly Fishing In Maine of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of FFIM. Your continued use of FFIM will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time Fly Fishing In Maine may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on FFIM to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Registration Information/Privacy Policy
When you log in at FFIM, you will be required to provide Fly Fishing In Maine the following information: your last name, email address and member id. In addition, you may choose to provide FFIM with additional information, including: your address, household income, education, marital status and employment status on various surveys that may appear on the site from time to time.

Except as provided herein, Fly Fishing In Maine will not sell to any third party your email address unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant.

Fly Fishing In Maine reserves the right to offer you third party services and products based on the preferences that you identify during the registration process or from information gathered from surveys and based on your subsequent preferences; such offers may be provided to you by Fly Fishing In Maine.

Fly Fishing In Maine reserves the right to terminate your Fly Fishing In Maine account if Fly Fishing In Maine learns that you have provided Fly Fishing In Maine with false or misleading registration information.

3. Termination
FFIM reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access FFIM and/or any other service provided to you by FFIM including any e-mail account upon any breach by you of the Terms of Service.

4. Modifications of these Terms of Service
FFIM may modify these Terms of Service from time to time in its sole discretion. Each time you log on to FFIM, you will be deemed to have accepted any such changes.

5. Modifications of the FFIM Fly Fishing In Maine
FFIM may modify or discontinue FFIM with or without notice to you and without liability to you or any third party.

6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. FFIM reserves the right to terminate your registration and membership if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. You will not harvest or collect other member's e-mail addresses for any purpose. Any such use shall be deemed to be a violation of these Terms of Service and your account will be terminated. FFIM is to be used by you for your personal, non-commercial use only. Commercial uses of FFIM are strictly prohibited unless prior written consent from FFIM has been granted. You agree that you will not use FFIM for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use FFIM to send or post on message boards or any place on FFIM, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol, or encourage the use of controlled substances. FFIM reserves the right to delete any such material from FFIM and to appropriately discipline the individual posting the material up to and including termination of access. FFIM will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of FFIM. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use FFIM to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) FFIM permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to FFIM, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on FFIM is not protected by Rights rests with you. You acknowledge that FFIM may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of FFIM, including message boards, forums, contests and chat rooms, you grant FFIM and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on FFIM retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON FFIM, YOU HEREBY EXPRESSLY PERMIT FFIM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY FFIM IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services
You may order services or merchandise through FFIM from other persons not affiliated with Fly Fishing In Maine ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Fly Fishing In Maine makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Fly Fishing In Maine nor will Fly Fishing In Maine be construed as a party to such transactions, whether or not Fly Fishing In Maine may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Fly Fishing In Maine may include special routing icons which may be located within the FFIM Web Site, the activation of which will allow you to access and learn more about Fly Fishing In Maine and other services provided by Fly Fishing In Maine or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Fly Fishing In Maine of any unauthorized use of your registration or password. If it is discovered that you are providing others the use of your Information and/or passwords it will be considered breaching the terms of this agreement and will be terms for immediate appropriate actions up to and including termination of access.

9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE FFIM WEB SITE IS AT YOUR OWN SOLE RISK. FFIM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLY FISHING IN MAINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FLY FISHING IN MAINE MAKES NO WARRANTY THAT FFIM WILL MEET YOUR REQUIREMENTS, OR THAT FFIM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FLY FISHING IN MAINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FFIM. FLY FISHING IN MAINE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FFIM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FFIM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU ALSO UNDERSTAND THAT THE DISTRIBUTION AND SALE OF ANY MATERIAL AND/OR DATA FROM THE FLY FISHING IN MAINE WEB SITE IS PROHIBITED.

YOU UNDERSTAND AND AGREE THAT FLY FISHING IN MAINE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FFIM. FLY FISHING IN MAINE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FLY FISHING IN MAINE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FFIM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FLY FISHING IN MAINE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

FLY FISHING IN MAINE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY OF THE MEMBER TO MEMBER POSTING SERVICE AREAS OR OTHER AREAS HEREIN. YOUR PARTICIPATION IN FFIM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLY FISHING IN MAINE OR THROUGH FFIM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FLY FISHING IN MAINE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FFIM OR ANY TRANSACTIONS ENTERED INTO THROUGH FFIM.

FLY FISHING IN MAINE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE FLY FISHING IN MAINE'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Fly Fishing In Maine with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, FLY FISHING IN MAINE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Fly Fishing In Maine specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a classified advertisement on FFIM, you are promising that the content of your advertisement is true and that you will indemnify Fly Fishing In Maine against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on FFIM, you waive any claims against Fly Fishing In Maine for damages arising from such advertisement or your reliance upon statements in such advertisement.

10. Limitation of Liability
FLY FISHING IN MAINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FFIM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FFIM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FLY FISHING IN MAINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. E-Mail
Fly Fishing In Maine assumes no responsibility for the content of email transmissions between Members. By agreeing with these terms of usage for the FFIM Web Site, you are accepting full and complete responsibility for the content of your messages.

12. Promotional Messages
Fly Fishing In Maine and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Fly Fishing In Maine makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Fly Fishing In Maine nor such third party shall have any liability with respect thereto.

13. Indemnification
You agree to indemnify and hold each of Fly Fishing In Maine, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of FFIM, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions.

15. Remedies for Breach of these Terms by You
In the event that Fly Fishing In Maine determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of FFIM, Fly Fishing In Maine reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to FFIM, (iii) delete all content provided by you to FFIM, (iv) discontinue your registration with FFIM and/or any other Fly Fishing In Maine community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Fly Fishing In Maine deems to be appropriate.

16. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Fly Fishing In Maine may assign its rights and obligations under these Terms of Service and upon such assignment Fly Fishing In Maine may be relieved of any further obligation hereunder.

You represent to Fly Fishing In Maine that you have the authority to register with FFIM according to these Terms of Use. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on FFIM by Fly Fishing In Maine) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Fly Fishing In Maine, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

Fly Fishing In Maine reserves the right to charge additional membership fees and surcharges at any time upon thirty (30) days prior written notice to you.