ACCEPTANCE OF TERMS.
The
services that GoldenStateTrout.com provides to you are subject to the
following Terms of Use ("TOU"). GoldenStateTrout.com reserves
the right to update the TOU at any time without notice to you. The most
current version of the TOU can be reviewed by viewing this "Terms of
Use" Announcement.
DESCRIPTION OF
SERVICES.
Through
its network of Web properties, GoldenStateTrout.com provides you with
access to a variety of resources, including download areas, communication
forums and other information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless
otherwise specified, the Services 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
Services.
MEMBER ACCOUNT,
PASSWORD, AND SECURITY.
If
any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify GoldenStateTrout.com immediately of any
unauthorized use of your account or any other breach of security.
GoldenStateTrout.com will not be liable for any loss that you may incur as
a result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses
incurred by GoldenStateTrout.com or another party due to someone else
using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
NO UNLAWFUL OR
PROHIBITED USE.
As
a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any GoldenStateTrout.com server, or the
network(s) connected to any GoldenStateTrout.com server, or interfere with
any other party's use and enjoyment of any Services. You may not attempt
to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any GoldenStateTrout.com server or to any
of the Services, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
USE OF SERVICES
The
Services may contain e-mail services, forums, communities and/or other
message or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are
proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not:
Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
or information.
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or
control the rights thereto or have received all necessary consent to do
the same.
Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right of
any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancel bots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of
another.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages.
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as 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.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
GoldenStateTrout.com
has no obligation to monitor the Communication Services. However,
GoldenStateTrout.com reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole discretion.
GoldenStateTrout.com reserves the right to terminate your access to any or
all of the Communication Services at any time, without notice, for any
reason whatsoever.
GoldenStateTrout.com
reserves the right at all times to disclose any information as
GoldenStateTrout.com deems 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
GoldenStateTrout.com's sole discretion.
Always
use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services.
GoldenStateTrout.com does not control or endorse the content, messages or
information found in any Communication Services and, therefore,
GoldenStateTrout.com specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your
participation in any Communication Services. Moderators and hosts are not
authorized GoldenStateTrout.com spokespersons, and their views do not
necessarily reflect those of GoldenStateTrout.com.
Materials
uploaded to the Communication Services 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.
USE OF UPLOADED
MATERIALS
GoldenStateTrout.com
does not claim ownership of Materials you Upload on the Site. Should you
Upload Materials via the Site (either by offering suggestions via e-mail
or participating in any interactive opportunities available on this Site
from time to time), such information shall be considered non-confidential
and GoldenStateTrout.com shall have no obligation of any kind with respect
to such information, and shall be free to use any ideas, concepts, or
information contained in such Materials without any obligation and, for
any purpose, including but not limited to developing, manufacturing, and
marketing products incorporating such information. In addition, you grant
GoldenStateTrout.com a world-wide, royalty free and non-exclusive license
with respect to Materials to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Materials in Print and on the
Site (i) to provide and promote the GoldenStateTrout.com Site to which
such Materials were submitted or made available, and (ii) for the purpose
for which such Materials were submitted or made available. You agree to
indemnify and hold GoldenStateTrout.com, its parent KCS & Associates,
and its affiliates, officers, agents, partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Materials you Upload, your use of
the Site, your connection to the Site, or your violation of any rights of
another. GoldenStateTrout.com retains the right to turn over any materials
if legally requested to do so.