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Terms & Conditions
September 25, 2006

MyOutdoors.net is a journaling service that allows Members to create journal entries which may be freely viewed by other users of the site. MyOutdoors.net (“MyOutdoors.net” or “we”) is owned and operated by Gorges Software LLC and any reference to MyOutdoors.net implicitly refers to Gorges Software LLC. The services offered by Gorges Software LLC include the MyOutdoors.net Website (the “Website”) or applications offered from time to time by Gorges Software LLC in connection with the Website (collectively, the “Services”).

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with MyOutdoors.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes MyOutdoors.net's policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and MyOutdoors.net's Privacy Policy. You may receive a copy of this Agreement by emailing us at: privacy@myoutdoors.net.

MyOutdoors.net may modify this Agreement from time to time and such modification shall be effective upon posting by MyOutdoors.net on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on MyOutdoors.net and that you provide to other Users. As indicated in the Privacy Policy (http://www.myoutdoors.net/privacy.php), personal information is requested by MyOutdoors.net but this information will not be made available outside the methods described in the Privacy Policy. The only information in a User's profile visible to other Users is the username, which must have no personally-identifiable information. Furthermore, Users may not include the following personal items in their Journal Entries: telephone numbers, street addresses, last names, and any imagery containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MyOutdoors.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyOutdoors.net assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact MyOutdoors.net at support@myoutdoors.net.

MyOutdoors.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. You must be fourteen or over to register as a member of MyOutdoors.net or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

  2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by emailing support@myoutdoors.net. MyOutdoors.net may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.

  3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Passwords and compiled names, photos, links, and Website content are not to be transferred or copied from the Website for use with any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyOutdoors.net at support@myoutdoors.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. Content posted on the Website.

    a) You understand and agree that MyOutdoors.net may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of MyOutdoors.net violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

    b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

    c) By posting Content to any public area of MyOutdoors.net, you automatically grant, and you represent and warrant that you have the right to grant, to MyOutdoors.net an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

    d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. MyOutdoors.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

    • is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;

    • displays pornographic or sexually explicit material of any kind;

    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

    e) You must use the Service in a manner consistent with any and all applicable laws and regulations

    f) You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

    g) You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although MyOutdoors.net cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyOutdoors.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyOutdoors.net deems appropriate in its sole discretion.

  6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MyOutdoors.net's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Gorges Software LLC, 6809 Chester Dr Unit H, Madison, WI 53719.

  7. Member Disputes. You are solely responsible for your interactions with other MyOutdoors.net Members. Gorges Software LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.

  8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

  9. Disclaimers. MyOutdoors.net is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. MyOutdoors.net is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MyOutdoors.net 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 or Member communications. MyOutdoors.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will MyOutdoors.net be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and MyOutdoors.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyOutdoors.net cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from MyOutdoors.net or through or from the service shall create any warranty not expressly stated herein.

  10. Limitation on Liability. IN NO EVENT SHALL MYOUTDOORS.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYOUTDOORS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYOUTDOORS.NET'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 MYOUTDOORS.NET FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

  11. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Wisconsin, City of Madison.

  12. Indemnity. You are responsible and agree to indemnify and hold MyOutdoors.net, its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any and all claims made by others that arise in any way from your use of this site or your breach of the terms and conditions set forth in this policy. This includes, without limitation, losses, liabilities, claims, damages and expenses, including reasonable attorney's fees and costs of litigation. We reserve the right, at our own expense, to assume the exclusive defense against such claims, but that does not remove your obligations.

  13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between MyOutdoors.net and any User of the Service.

  14. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and MyOutdoors.net regarding the use of the Website and/or the Service. The failure of MyOutdoors.net to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.