Terms Of Use

Posted 4 years ago

Your Acceptance

This Web site is an online information and communication service provided by Winderup, Inc. By using or visiting NYOutdoorTalk.com or any Winderup product, software, data feeds, and services provided to you on, from, or through NYOutdoorTalk.com (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) NYOutdoorTalk.com 's Privacy Policy, found at http://www.NYOutdoorTalk.com/privacy/ and incorporated herein by reference, and (3) NYOutdoorTalk.com 's Community Guidelines, found at www.NYOutdoorTalk.com/guidelines/ and also incorporated herein by reference. If you do not agree to any of these terms, the NYOutdoorTalk.com Privacy Policy, or the Community Guidelines, please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. NYOutdoorTalk.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.


Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of NYOutdoorTalk.com , including but not limited to all products, software and services offered via the NYOutdoorTalk.com  website.
  2. The Service may contain links to third party websites that are not owned or controlled by NYOutdoorTalk.com . NYOutdoorTalk.com  has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NYOutdoorTalk.com  will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve NYOutdoorTalk.com  from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

User Accounts

  1. In order to access some features of the Service, you will have to create an account on NYOutdoorTalk.com. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NYOutdoorTalk.com  immediately of any breach of security or unauthorized use of your account.
  2. Although NYOutdoorTalk.com  will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NYOutdoorTalk.com  or others due to such unauthorized use.

General Use of the Service

NYOutdoorTalk.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without NYOutdoorTalk.com 's prior written authorization, unless NYOutdoorTalk.com  makes available the means for such distribution through functionality offered by the Service.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the NYOutdoorTalk.com  servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NYOutdoorTalk.com  grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NYOutdoorTalk.com  reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  4. In your use of the Service, you will comply with all applicable laws.
  5. NYOutdoorTalk.com  reserves the right to discontinue any aspect of the Service at any time.

Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Winderup Inc. and/or NYOutdoorTalk.com , subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by NYOutdoorTalk.com  on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NYOutdoorTalk.com  or the respective licensors of the Content. NYOutdoorTalk.com  and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that NYOutdoorTalk.com  is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NYOutdoorTalk.com  with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless NYOutdoorTalk.com , its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

Your Content and Conduct

  1. As a NYOutdoorTalk.com  account holder you may submit Content to the Service, including pictures and user comments. You understand that NYOutdoorTalk.com  does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to NYOutdoorTalk.com  all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to NYOutdoorTalk.com , you hereby grant NYOutdoorTalk.com  a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and NYOutdoorTalk.com 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that NYOutdoorTalk.com  may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant NYOutdoorTalk.com  all of the license rights granted herein.
  5. You further agree that you will not submit to the Service any Content or other material that is contrary to the NYOutdoorTalk.com  Community Guidelines, currently found at www.NYOutdoorTalk.com .com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. NYOutdoorTalk.com  does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and NYOutdoorTalk.com  expressly disclaims any and all liability in connection with Content. NYOutdoorTalk.com  does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and NYOutdoorTalk.com  will remove all Content if properly notified that such Content infringes on another's intellectual property rights. NYOutdoorTalk.com  reserves the right to remove Content without prior notice.

Account Termination Policy

  1. NYOutdoorTalk.com  will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
  2. NYOutdoorTalk.com  reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. NYOutdoorTalk.com  may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NYOutdoorTalk.com , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NYOutdoorTalk.com  MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NYOutdoorTalk.com  DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NYOutdoorTalk.com  WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.