TERMS AND CONDITIONS FORUSE OF THE TAKE ME FISHING PLACES TO BOAT AND FISH MAPTOOL
The Recreational Boating & Fishing Foundation ("RBFF"), atax exempt section 501(c)(3) organization, has developed a toolknown as the TakeMeFishing.org Places to Boat and Fish Map ("Map")that provides boating and fishing access information to itsusers. To help broadly disseminate this information, RBFFallows companies, organizations, government agencies, andindividuals ("Licensee" or "you") to insert the Map on theirwebsites, subject to the following binding Terms and Conditions forUse of the Take Me Fishing Places to Boat and Fish Map Tool (the"Agreement").
THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN RBFF AND YOUAND IS ACCEPTED BY DOWNLOADING, INSERTING, OR USING THEMAP. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOTUSE THE MAP.
- . GRANT OF LICENSE
1.1. Subject to Licensee's full and complete compliance with the termsand conditions of this Agreement, RBFF hereby grants Licensee alimited, nonexclusive, royalty‑free, revocable, terminable,non-transferable license to use and display the Map on Licensee'swebsite for noncommercial purposes only. Noncommercialpurposes specifically exclude all distribution or use of the Map inexchange for monetary consideration. No right to sublicenseor authorize sublicensing, and no right to copy, use, or distributethe Map other than as expressly provided herein, is being providedby this Agreement. YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPTTO RE-SELL, REDISTRIBUTE, SYNDICATE OR OTHERWISE COMMERCIALIZE THEMAP IN ANY WAY.
1.2 Licensee may not modify the Map, as provided by RBFF. Withoutimplication of limitation, you may not separate the Map intocomponent parts, change any code, obscure or disable any element ofthe Map, change or add to the branding and/or RBFF trademarksconnected with the Map, form any combination trademarks with RBFFtrademarks, or create derivative works.
1.3 Allright, title, and interest in and to the Map, including allintellectual property rights, shall remain the exclusive propertyof RBFF and/or its licensors. RBFF does not sell or transferownership of the Map, but instead permits use of it under licensepursuant to the terms of this Agreement, while retaining ownershipof each and every individual copy of the Map.
1.4 The license granted under this Agreement does not permit Licenseeto place the Map among materials, or otherwise in a context, thatwould reasonably be viewed as being offensive or embarrassing toRBFF; by way of example, and not limitation, the license grantedunder this Agreement does not permit distribution or use withmaterial that may be perceived as lewd, hate‑mongering, orotherwise offensive to RBFF or to a reasonable person.
1.5 Licensee may not directly or indirectly suggest any endorsement orapproval by RBFF of your website or any entity, product or contentor any views expressed within your site or service.
- . NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
2.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT ORANYWHERE ELSE, RBFF DISCLAIMS ANY, AND MAKES NO, EXPRESS, IMPLIED,STATUTORY, OR OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND INCONNECTION WITH THIS AGREEMENT OR THE MAP. IT IS UNDERSTOODTHAT THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THEFOLLOWING:
2.1.1. NO REPRESENTATIONS ORWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEARE PROVIDED;
2.1.2 NOREPRESENTATIONS OR WARRANTIES ARE PROVIDED THAT ANYTHING USED,DISTRIBUTED, OR OTHERWISE DISPOSED OF UNDER THIS AGREEMENT WILL NOTINFRINGE PROPRIETARY RIGHTS OF THIRD PARTIES; AND
2.1.3 NOREPRESENTATIONS OR WARRANTIES ARE PROVIDED REGARDING THE SECURITY,RELIABILITY, TIMELINESS, AVAILABILITY, ACCURACY OF INFORMATIONCONTAINED IN, AND PERFORMANCE OF THE MAP.
2.2. YOUUNDERSTAND AND AGREE THAT YOU USE THE MAP AT YOUR OWN DISCRETIONAND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY TECHNICAL,HARDWARE, SOFTWARE OR TELEPHONE FAILURES OF ANY KIND, LOST ORUNAVAILABLE NETWORK CONNECTIONS, FRAUD, INCOMPLETE, GARBLED ORDELAYED COMPUTER TRANSMISSIONS AND LOSS OF DATA, WHETHER CAUSED BYRBFF OR RESULTING FROM THE USE OF THE MAP.
2.3. RBFFDISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USEOF THE MAP. IN NO EVENT SHALL RBFF BE LIABLE FOR DAMAGES INCONNECTION WITH ANYTHING THAT IS DONE PURSUANT TO THIS AGREEMENT,INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF ANY DOWNLOADING, INSERTING,USE, OR DISTRIBUTION OF THE MAP, OR ANY INABILITY TO DOWNLOAD,INSERT, USE, OR DISTRIBUTE THE MAP, EVEN IF RBFF HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH.
- . MISCELLANEOUS
3.1. Termination. This Agreement shall become invalid andshall terminate without notice if Licensee uses or distributes theMap in violation of this Agreement. In addition, RBFF mayterminate or modify the license granted pursuant to this Agreementat any time for any reason upon notice to Licensee or upon postingnotice on the RBFF website. RBFF may also cease to providethe content of the Map at any time for any reason. You mayterminate this Agreement and the license granted herein at any timeby removing all copies of the Map from your site, all hard drives,networks and other storage media.
3.2 Modification. This Agreement may be modified by RBFFfrom time to time. RBFF may change the terms of thisAgreement, and you are responsible for regularly reviewing theseterms. Your continued use of the Map after the effective date ofsuch changes will mean you accept those changes.
3.3. Severability. This Agreement shall be deemedseverable. If any provision of the Agreement is rendered ordeemed void, unenforceable, or otherwise ineffective by operationof law, the other provisions of this Agreement shall not beaffected and shall remain in full force and effect. Theparties shall in such case negotiate in good faith to replace suchillegal, void or unenforceable provision with a provision thatcorresponds as closely as possible to the intentions of the partiesas expressed by such illegal, void or unenforceable provision.
3.4. Applicable Law. This Agreement shall be shall beconstrued, governed, interpreted and applied in accordance with thelaw of the Commonwealth of Virginia, without regard to conflict oflaw rules and without regard to any presumption or rule requiringconstruction or interpretation against the party drafting orcausing any instrument to be drafted. Any legal action orproceeding relating to this Agreement shall be brought only beforea court sitting in the Commonwealth of Virginia and courts hearingappeals therefrom. By using or distributing materials coveredby this Agreement, Licensee irrevocably accepts the jurisdiction ofthe aforesaid courts and waives any and all rights it may have toobject to the jurisdiction of any such court or to transfer orchange the venue of any action or proceeding relating to thisAgreement, as may be requested by RBFF. No right or remedyconferred upon or reserved to the parties pursuant to thisAgreement is exclusive of any other right or remedy provided orpermitted at law or in equity.
3.5. Entire Agreement. This Agreement contains the finaland complete contract of the parties and supersedes all prior oralor written promises, undertakings, understandings, or negotiationsconcerning the subject matter of this Agreement. ThisAgreement shall inure to the benefit of and be binding upon theparties and their successors and assigns.
3.6. Nonwaiver. Neither the failure of either party at anytime to enforce any of the provisions of this Agreement nor thegranting at any time of any other indulgence shall be construed asa waiver of that provision or of the right of either partyafterwards to enforce that or any other provision.
AS INDICATED ABOVE, LICENSEE ACKNOWLEDGES ACCEPTANCE OF THISAGREEMENT BY DOWNLOADING, INSERTING, OR USING THE MAP COVERED BYTHIS AGREEMENT.
