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"),
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
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.
Terms of Service apply to all users of the Service, including users who
are also contributors of Content on the Service. Ã¢â‚¬Å“ContentÃ¢â‚¬Â
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
- 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.
we encourage you to be aware when you leave the Service and to read the
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.
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
hereby grants you permission to access and use the Service as set forth
in these Terms of Service, provided that:
- 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.
- You agree not to alter or modify any part of the Service.
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.
- In your use of the Service, you will comply with all applicable laws.
- NYOutdoorTalk.com reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
addition to the general restrictions above, the following restrictions
and conditions apply specifically to your use of Content.
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.
- 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 Ã¢â‚¬Å“downloadÃ¢â‚¬Â 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.
- 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.
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
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.
- 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.
- 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.
- 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
- 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.
- 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
will terminate a user's access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
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.
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
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.