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TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND Oak Ridge, Inc.
The Oak Ridge Web Site is comprised
of various Web sites and Web pages operated as Outdoors Network and
ForumsAmerica.com, and ImmediateWeb.com, and other domain names, by Oak Ridge,
Inc. or its affiliates (collectively, the "Oak Ridge Web Sites").
The Oak Ridge Web Sites are offered
to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Oak Ridge Web Sites
constitutes your agreement to all such terms, conditions, and
notices.
Additionally, the Oak Ridge Web
Sites may themselves contain additional terms that govern particular features or
offers (for example, sweepstakes or chat areas).
In the event that any of the terms,
conditions, and notices contained herein conflict with the Additional Terms or
other terms and guidelines contained within any particular Oak Ridge Web Site,
then these terms shall control.
MODIFICATION OF THESE TERMS OF
USE
Oak Ridge reserves the right to
change the terms, conditions, and notices under which the Oak Ridge Web Sites
are offered. You are responsible for regularly reviewing these terms and
conditions.
PERSONAL AND NON-COMMERCIAL USE
LIMITATION
Unless otherwise specified, the Oak
Ridge Web Sites are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Oak Ridge Web
Sites.
LINKS TO THIRD PARTY
SITES
The Oak Ridge Web Sites may contain
links to other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of Oak Ridge and Oak Ridge is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Oak Ridge is not responsible for
webcasting or any other form of transmission received from any Linked Site. Oak
Ridge is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Oak Ridge of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the
Oak Ridge Web Sites, you warrant to Oak Ridge that you will not use the Oak
Ridge Web Sites for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Oak Ridge Web Sites in any manner
which could damage, disable, overburden, or impair the Oak Ridge Web Sites or
interfere with any other party's use and enjoyment of the Oak Ridge Web Sites.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Oak Ridge Web
Sites.
USE OF COMMUNICATION
SERVICES
The Oak Ridge Web Sites may contain
message board services, chat areas, and/or other message or communication
facilities designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
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Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
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Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
-
Upload files that contain software
or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have
received all necessary consents.
-
Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
-
Advertise or offer to sell or buy
any goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
-
Conduct or forward surveys,
contests, pyramid schemes or chain letters.
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Download any file posted by another
user of a Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
-
Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
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Restrict or inhibit any other user
from using and enjoying the Communication Services.
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Violate any code of conduct or
other guidelines which may be applicable for any particular Communication
Service.
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Harvest or otherwise collect
information about others, including e-mail addresses, without their
consent.
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Violate any applicable laws or
regulations.
Oak Ridge has no obligation to
monitor the Communication Services. However, Oak Ridge reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. Oak Ridge reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
Oak Ridge reserves the right at all
times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Oak Ridge's sole
discretion.
Always use caution when giving out
any personally identifying information about yourself or your children in any
Communication Service. Oak Ridge does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Oak
Ridge specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized Oak Ridge spokespersons, and
their views do not necessarily reflect those of Oak Ridge.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination, you are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO Oak Ridge, OR
POSTED AT ANY Oak Ridge Web Site
Oak Ridge does not claim ownership
of the materials you provide to Oak Ridge (including feedback and suggestions)
or post, upload, input or submit to any Oak Ridge Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Oak Ridge,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with
respect to the use of your Submission, as provided herein. Oak Ridge is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in Oak Ridge's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE Oak Ridge
Web Sites
Software (if any) that is made
available to download from the Oak Ridge Web Sites, excluding software that may
be made available by end-users through a Communication Service, ("Software") is
the copyrighted work of Oak Ridge and/or its suppliers. Your use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement terms. For any
Software not accompanied by a license agreement, Oak Ridge hereby grants to you,
the user, a personal, non-transferable license to use the Software for viewing
and otherwise using the particular Oak Ridge Web Site in accordance with these
Terms of Use, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. All Software is owned by Oak Ridge
and/or its suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. You acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export
restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Oak Ridge Web Sites
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Oak Ridge. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Oak Ridge Web Sites AT ANY TIME. ADVICE
RECEIVED VIA THE Oak Ridge Web Sites SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Oak Ridge AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Oak Ridge Web Sites FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Oak Ridge. AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Oak Ridge AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Oak Ridge Web Sites, WITH THE DELAY OR
INABILITY TO USE THE Oak Ridge Web Sites OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Oak Ridge Web Sites, OR
OTHERWISE ARISING OUT OF THE USE OF THE Oak Ridge Web Sites, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Oak Ridge, OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Oak Ridge Web Sites, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Oak Ridge Web Sites.
TERMINATION/ACCESS
RESTRICTION
Oak Ridge reserves the right, in
its sole discretion, to terminate your access to any or all Oak Ridge Web Sites
and the related services or any portion thereof at any time, without
notice.
GENERAL
This agreement is governed by the
laws of the State of Maryland, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts in Worcester County, Maryland, U.S.A. in all
disputes arising out of or relating to the use of the Oak Ridge Web Sites. Use
of the Oak Ridge Web Sites is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Oak Ridge as a result
of this agreement or use of the Oak Ridge Web Sites. Oak Ridge's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Oak Ridge's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Oak Ridge Web Sites or information provided to or gathered by
Outdoors Network. with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Oak Ridge with respect to the Oak Ridge Web Sites
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Oak Ridge with respect
to the Oak Ridge Web Sites. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Oak Ridge Web
Sites are: Copyright © 1992-2000 Outdoors Network. and/or its suppliers. All
rights reserved.
Outdoors Network, Outdoors Network
Online, Outdoor Bytes, Lefty's World, Outdoors.net, Outdoor.net, Outdoor.com,
GoOutdoors.com, AllBass.com, AllFishing.com, ImmediateWeb.com,
ForumsAmerica.com, AllHunting.com, AllFlyFishing.com, OutdoorsNetwork.com, and
the Outdoors Network Home Page graphic logo are Copyright 1992-23 by Outdoors
Network. All rights reserved.
All images, designs and material contained
in this web site are protected by a compilation copyright held by Oak Ridge; no
images, designs or material contained in this web site may be used without the
written authorization of the creator. Contact Oak Ridge if you wish to contact
a creator to obtain any rights to any particular item found in this web site.
TRADEMARKS. AllFishing.com,
ForumsAmerica.com, and ImmediateWeb.com are registered trademarks of Oak Ridge.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement (only
for claims that YOUR copyrighted material may have been infringed) should
be sent in writing to Oak Ridge's Designated Agent, Robert K. McIntosh, PA, 212
N. Main Street, Berlin, MD, 21811, USA.. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
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