TERMS OF USE

RECREATIONAL BOATING & FISHING FOUNDATION TERMS OF USE

Policy last revised: October 1, 2014

Welcome to the Web site of Take Me Fishing (the "Site"). The Take Me Fishing service and network (collectively, "the Service") are operated by the Recreational Boating & Fishing Foundation (RBFF) and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our Site at www.takemefishing.org, you (the "User") signify that you have read, understand and agree to be bound by the following Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of the Take Me Fishing community. RBFF reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THESE TERMS OF USE ARE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICE AND SITE.

Questions, suggestions, or alleged violations regarding these Terms of Use should be sent to info@rbff.org.

ELIGIBILITY

Membership in the Service is void where prohibited. The Site and Service are intended solely for users who are eighteen (18) years of age or older except that younger users may view the Site and play the games in the "Little Lunkers" area of the Site with the permission of a parent or guardian. Any registration through, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms within the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.  You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security.

TRADEMARKS AND COPYRIGHT

RECREATIONAL BOATING & FISHING FOUNDATION, TAKE ME FISHING, VAMOS A PESCAR, ANGLERS' LEGACY, other Company names, and the accompanying logos and designs, all product names, and all page headers, custom graphics, and button icons contained on this Site are service marks, trademarks, trade names and/or trade dress of Company. All other trademarks, service marks and companies' names or logos cited herein are the property of their respective owners. These elements of the Site and Service are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part and may not be used with any product or service in any manner that is likely to cause confusion. No logo, graphic, sound, or image from the Site may be copied or retransmitted, in whole or in part, unless expressly permitted by Company.

All Site design, text, titles, characters, names, graphics, the selection and arrangement thereof are property of Company and its affiliated companies or licensors. To reproduce, republish, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from Company. Users may view and download material from this site only for personal, non-commercial home use. All rights reserved.

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, used to create derivative works, reverse engineered, leased, rented loaned, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.  Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

USER CONTENT

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, data, graphics, videos, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You represent and warrant that any User Content you post, transmit, or share is owned by you or you have obtained the necessary permission for its use. You understand and agree that the Company may, but is not obligated to, review the Site and may refuse, delete, or remove (without notice) any Site Content or User Content in its sole discretion, at any time, with or without prior notice or explanation and without liability, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. However, when you post User Content to the Service or the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Service or the Site, you also automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You acknowledge and agree that Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.  
You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.  Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

USER CODE OF CONDUCT

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only, and you agree not to use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Site for commercial activities or sales. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Service. You agree that you will not take any action that imposes a burden or load on our infrastructure that the Company deems in its sole discretion to be unreasonable or disproportionate to the benefits the Company obtains from your use of the Site and/or Service.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

  • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner, in a manner inconsistent with any and all applicable laws and regulations, including any applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem, in our sole discretion, to be harmful, threatening, unlawful, tortious, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, lewd, excessively violent, sexually explicit, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity (including as a Company official, forum leader, guide, or host) or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights ") of any party;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail, " "spam, " "chain letters, " "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or any information that creates a privacy or security risk to any person;
  • solicit or disclose personal information from anyone under 18 or solicit or use passwords or personally identifying information for commercial or unlawful purposes;
  • collect or store personal data about other users
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate, harass, or stalk another;
  • harm minors in any way;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service;
  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service or the Site, or which may expose Company or its users to any harm or liability of any type.

THIRD PARTY WEB SITES AND CONTENT

The Site contains (or you may be sent through the Site or the Service) links to other Web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, information and other content or items belonging to or originating from third parties (the "Third Party Content"). Company has no control over and is not responsible in any way for any Third Party Sites accessed through the Site or any Third Party Content posted on or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Such Third Party Sites are not necessarily investigated, monitored, or checked for accuracy or completeness by the Company. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or rely on any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

ADVERTISERS

The Site may contain or have links to advertisements or promotions from third parties. The appearance on the Site of or links to advertisers, sponsors, or promoters does not constitute an endorsement by Company of such sites, organizations, or their products and services, and Company has not investigated the claims made by any advertiser, promoter, or sponsor.  The manner, mode and extent of advertising by Company are subject to change. Your correspondence or business dealings with, or participation in promotions of, sponsors or advertisers found on or through the Site or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, promoters, or sponsors on the Site or Service.

SHARE SERVICE

Company offers a feature whereby users of the Site can share with others or post to their own member profile, photos, videos, notes and/or links to Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Service and all links, User Content or Third Party Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

USER DISPUTES

You are solely responsible for your interactions with other users and members of the Service or the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

PRIVACY

We care about the privacy of our users. Click here to view the Privacy Policy for the Site and Service, which is incorporated by reference and made a part of this Agreement. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States as set forth in the Privacy Policy.

DISCLAIMERS REGARDING CONTENT AND USE

The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company assumes no obligation to modify or remove any inappropriate User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.

The Company is also not responsible or liable in any manner for the accuracy of any other Site Content.  While Company attempts to ensure that Site Content is accurate and current, much of the information contained on the Site is obtained either from public sources or is Third Party Content or User content. Information about entities or events does not imply that Company supports or endorses the entity or event or has knowledge about their quality. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation there with, by Company.

Company is not liable for any inconvenience or loss that you may incur by relying on information provided on this Site or Service.  We strongly recommend that you check with the entity prior to visiting or using the entity's services or facilities. We also encourage you to perform the normal due diligence prior to contemplating any expenditure or purchase, as you would with any other consumer transaction.

You agree that you must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the accuracy, completeness, or usefulness of such Site Content. In this regard, you acknowledge that you may not rely on any Site Content created by Company or submitted to Company in all parts of the Site or Service.

If you find that the information on the Site or Service is inaccurate, misleading, or out of date, please let us know that by clicking on the "Contact Us" link located at the bottom of every page on the site. We'll look into your complaint and take appropriate action. Of course, if you find that an entity provides an exceptional experience or service, we'd appreciate having that feedback as well.

The views and conclusions contained in this Web site are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.

DISCLAIMER OF WARRANTY

THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another party's intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent set forth below.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RBFF THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Frank Peterson, Jr.
President & CEO
Recreational Boating and Fishing Foundation
500 Montgomery St., Suite 300
Alexandria, VA 22314
(703) 519-0013
FAX: (703) 519-9565
fpeterson@rbff.org

To be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined above:

  • Company shall remove or disable access to the material that is alleged to be infringing;
  • Company shall forward the written notification to any user alleged to have violated another’s intellectual property rights ("Subscriber");
  • Company shall take reasonable steps to promptly notify Subscriber that it has removed or disabled access to the material.

Counter Notification: Company is not liable to Subscriber for removal or disabling the material. If Subscriber believes that the removal or disabling was in error, Subscriber must provide Company with a counter-notification to have the materials replaced. To be effective, a Counter Notification must be a written communication provided to Company's Designated Agent that includes substantially the following:

  • A physical or electronic signature of the Subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined above:

  • Company shall promptly provide the Complaining Party with a copy of the Counter Notification;
  • Company shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten(10) business days;
  • Company shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

REPEAT INFRINGER POLICY

In accordance with applicable laws, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

TERMINATION

You may remove your User Content from the Site at any time, and you may terminate your membership at any time by logging into your account and following the instructions in your User profile. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Service or the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. Even after termination, the terms of this Agreement remain in effect.

AVAILABILITY OF, MODIFICATIONS TO, OR TERMINATION OF SERVICE

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or wireless service on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The Company may in its sole discretion and at any time change any and all content, software and other items used or contained in the Site and the Service and Platform Applications offered through the Site at any time without notice. The Company may in its sole discretion and at any time modify or discontinue, temporarily or permanently, providing the Site, the Service, the Platform Application, or any part thereof, with or without notice.

GENERAL PRACTICES REGARDING USE AND STORAGE


You acknowledge that Company may establish general practices and limits concerning use of the Site and Service, including the maximum number of days that email messages, message board postings or other uploaded User Content will be retained by Company, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any e-mail message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Company servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Site. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time.  You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

INDEMNITY

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, co-branders, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

The views and conclusions contained in this Site are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.

GOVERNING LAW; VENUE, JURISDICTION; DISPUTES, RELIEF, ATTORNEYS' FEES

You agree that: the Site and/or Service shall be deemed solely based in the Commonwealth of Virginia, and the Site and/or Service shall be deemed a passive Web site that does not give rise to personal jurisdiction over the Company or its affiliates, either specific or general, in jurisdictions other than in the United States.  By visiting or using the Site and/or the Service, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located within the area served by the U.S. District Court for the Eastern District of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.

THE COMPANY AND YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PART CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, THE COMPANY AND YOU HERETO CERTIFY THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. THE COMPANY AND YOU EACH ACKNOWLEDGE THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

THE COMPANY AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You acknowledge that a violation or attempted violation of any of the Terms of Use will cause such damage to Company as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law.  Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you.  You agree that no bond or other security shall be required in connection with such injunction.

If Company takes any action to enforce the Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Company may be entitled

DEFINITIONS AND CONSTRUCTIONS

Unless otherwise specified, the terms "includes ", "including ", "e.g., ", "for example ", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. The section titles are for convenience only and have no legal or contractual effect.

INTEGRATION, NOTICES, WAIVER, SEVERABILITY

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

When you visit or use this Site or Service and send e-mails to us through this Site or another provider, you are communicating with us electronically and thus consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or linking to such notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY

RECREATIONAL BOATING & FISHING FOUNDATION PRIVACY POLICY

This Privacy Policy is incorporated by reference into, is a part of, and should be read in conjunction with the Take Me Fishing Terms of Use.

A. COLLECTING PERSONAL INFORMATION  RBFF collects certain personal information from you, by necessity, when you register to use the Service including but not limited to your name, mailing address, email address and phone number.

We will also collect personal information from you when you request additional information from us or when you use areas of RBFF's Web sites in which users voluntarily provide content submissions or suggestions or otherwise participate in interactive online activities, including but not limited to participation in our online surveys, contests, sweepstakes and pledge activities.

Using a tool called Google Analytics, we may also collect information on an aggregate basis regarding your user activities on RBFF's Web sites, including but not limited to information regarding purchases you made and the navigation paths taken. Google Analytics also allows us to collect user population information, demographic information, general interests, affinities, traffic patterns and other information about the online activities of the users across our Web sites. 

We will not knowingly collect, use or disclose personal information from anyone under the age of 18. The Site and Service is not available to or intended for use by users under the age of 18 except as permitted by the Terms of Use.  If it comes to our attention that personal information of anyone under the age of 18 has been collected, used or disclosed via the Site or the Service, we will immediately delete such information and prevent its subsequent use.  Please contact us at info@rbff.org if you believe we are in possession of personal information of someone under the age of 18.

B. USE AND DISCLOSURE OF PERSONAL INFORMATION  RBFF collects and uses the personal information you provide for the specific purposes for which you provide it, such as processing your on-line registration, sending you information you have requested, and allowing you to participate in activities or provide content submissions or suggestions.

We also collect and use information to notify you about our new and existing content, events, products, or services, to inform you about RBFF, its activities, programs, and missions, and to solicit your support of RBFF. If you do not wish to receive additional information about RBFF and its programs, send an email to info@rbff.org to have your information removed from our database for these purposes.

We also may share your information (including for compensation) with aligned organizations and with our business and other partners who may contact you about their organizations and their products, services, and special offers that may be of interest to you. If you do not wish to have your information shared with RBFF partners, including aligned organizations and businesses, send an email to info@rbff.org to have your information removed from our database for these purposes.

RBFF may provide a variety of promotions, sweepstakes and other services on the Site, some of which may be provided in conjunction with a partner company. In order to provide such co-branded promotions, sweepstakes and services to you, it may be necessary for us to share your personally identifiable information with our partner companies. If you do not want your data to be shared with the partner company, please do not use the service or participate in the sweepstakes or promotion.

RBFF may also share your personal information with third party service providers to whom we outsource certain administrative and other functions, including third party providers of billing services, third party shipping companies, e-mail distribution outsourcers and market analysis vendors.

In order for us to enhance our ability to tailor the Site to an individual's preference, we may share and receive information about the purchasing habits of our users with third party market analysis vendors, to create a personalized user profile.

Aggregate information on our users' demographics, interests, and behavior, including that obtained using Google Analytics, may be compiled, analyzed and shared with our business partners, vendors, advertisers, advertising networks and other affiliates.

We may also disclose our users' personally identifiable information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with RBFF's rights or property, other users of RBFF's Web sites, or anyone else that could be harmed by such activities. We may also disclose your personally identifiable information when we believe in good faith that the law requires it or for administrative and other purposes that we deem necessary to maintain, service, and improve RBFF's Web sites.

The description of our use of your personally identifiable information above is not exclusive.

C. CONTACTING YOU  We may send you newsletters and other materials from time to time containing information that we think may be of interest to you. If you later decide you do not wish to receive any further marketing materials, send an email to info@rbff.org to opt-out of receiving future mailings. Please be aware that we may contact you for administrative purposes, to notify you about important changes to the Site or to respond to your inquiries, even if you unsubscribe from our mail list.

D. COOKIES  Like most other commercial Web sites, RBFF uses "cookies" (such as the Google Analytics cookie) on its Web sites. Cookies are unique identifiers that are transferred to your device to enable our systems to recognize your device and to provide features that allow us to more effectively improve and tailor RBFF's Web sites and outreach efforts.  The use of cookies such as the Google Analytics cookie enables us to obtain information about your use of RBFF's Web sites, such as whether you have visited RBFF's Web sites more than once, the pages viewed and how you found us.  These methods allow us to analyze trends in aggregate across RBFF's Web sites such as which of our Web pages are most popular and to track visitor behavior on RBFF's Web sites. We also use this information to resolve server problems and to administer RBFF's Web sites. Generally, we use this information for internal analysis and do not associate this information with any other personally identifiable information that you may have provided us.

Cookies make Web-surfing easier for you too by saving your passwords, purchases, and preferences while you're on RBFF's Web sites. Advertising networks that serve ads on RBFF's Web sites may also use their own cookies.  In some cases, we may also track or collect information about your use of RBFF's Web sites with pixel tags, the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. 

Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent it. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. In addition, if you would like to prevent your data from being used by RBFF through Google Analytics, you can opt-out, download and install the Google Analytics Opt-Out Browser Add-on here: https://tools.google.com/dlpage/gaoptout/.  Because cookies allow you to take advantage of certain features of RBFF's Sites, we recommend that you leave them turned on.

E. ACCESSING AND CORRECTING YOUR INFORMATION  If you would like to review, update or correct the personal information you have provided to us, send an email with your request to info@rbff.org, or click here to update your information online.

F. LINKS AND SERVICE PROVIDERS  Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure by RBFF of information RBFF collects from or about you.  This Site may contain links to other sites and we may engage third party advertisers, suppliers or other service providers, each of which may adhere to their own privacy customs and policies. RBFF does not control the content or privacy policies of such sites or the privacy policies of such third parties. RBFF accepts no responsibility or liability for privacy or other issues related to the collection or use of your information by such other sites or third parties. We encourage you to be aware when you leave RBFF's Web site and to read the privacy statements of each site you visit.

G. MODIFICATIONS TO THE POLICY  We may modify the Privacy Policy at any time by updating this Web page. Please check back to this area of RBFF's Web site to look for changes in the Privacy Policy so that you are always aware of what information we collect, how we use that information and under what circumstances we disclose the information to third parties. Any modifications made to the Privacy Policy will automatically become effective thirty (30) days after posting and your continued use of RBFF's Web sites following these changes will constitute your consent to the Privacy Policy, as changed. If at any point we decide to use personally identifiable information in a manner different from what our Privacy Policy stated at the time the information was collected, we will send you an e-mail notification and you may opt-out of having that information used in the different manner by sending us an email at info@rbff.org indicating that you do not wish information collected by RBFF prior to the change to be used in the manner described in the Privacy Policy, as changed.

H. SECURITY OF PERSONAL INFORMATION  We share your concern over the safety and security of your personal information on the Internet and have implemented procedures to promote the safety and security of the information we collect online. We use industry standard efforts (such as secure socket layers, where appropriate) to safeguard the confidentiality of your personally identifiable information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.

I. CONTACT INFORMATION  Questions or suggestions should be directed to info@rbff.org.