Terms of Service

August 30, 2011

These Terms of Use, together with our Privacy Policy Statement, (collectively, the "Terms of Use") represent a legally binding agreement between the Ontario Federation of Anglers and Hunters. ("OFAH") and you, in connection with your access to and use of this OFAH website (the "Site"). In using this Site, you expressly agree to be bound by and abide by all the terms and conditions contained in these Terms of Use. Please do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise stated, any reference to "OFAH," "we," "us" and "our" shall mean and include the OFAH and its affiliates.

Permitted uses

The Site is available only for your noncommercial, nonexclusive, nonassignable, nontransferable and personal use, limited to:

  • viewing the Site,
  • providing information to the Site,
  • downloading information or other materials made available for your personal use,
  • purchasing products, and
  • accessing any other features or functions made available to you on the Site.

No other purposes are permitted. Use of the Site is governed by and must be in compliance with these Terms of Use.

Ownership, copyright protection

The OFAH owns the intellectual property rights to all of the underlying HTML, CGI and other scripts ("Code"), text, audio clips, video clips and other content that is available on this website, or we have obtained the permission of the content owner to use it on this website.

Prohibited uses

With the exception of the uses permitted above (see Permitted use), you may not:

  • copy,
  • modify,
  • upload,
  • download,
  • transmit,
  • republish,
  • display for redistribution to third parties for commercial purposes, or
  • otherwise distribute any Code or OFAH content from the Site without our prior written agreement.

All names, logos and trademarks which appear on the Site are our property or are used by us under license. You may not use them for any purpose without our prior express written permission. Failure to comply with these Terms of Use will constitute breach of contract, may violate our copyright, trademark and other proprietary and industrial property rights and may subject you to liability for damages.

We respect the intellectual property of others. On notice, we will remove content on the Site that infringes the copyright rights of others. We will disable access to the Site and its services to anyone who repeatedly uses the Site to infringe on the intellectual property rights of others. We employ multiple measures to prevent copyright infringement over the Site and to promptly end any infringement that might occur.

 In addition to the OFAH content, we use links to external references, URLs, and content owned by third parties. We do not verify, endorse, or have any responsibility for any third-party content or websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such content or website, whether the OFAH or any of its affiliates' logos or sponsorship identification is used in connection with the third-party content or website as part of a co-branding or promotional arrangement. If any third party providing such content or operating such website obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy Statement, which describes how we collect and use your Personal Information.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any proprietary or industrial right of OFAH, its affiliates, or any third party.

No License

Please see our Privacy Policy Statement for information regarding our treatment of Personal Information that you submit to a non-public area of the Site. If we publish any posting that you submit to us for potential publication, (i.e. OFAH Conservation Lottery, Ontario Angler Awards, Wild Turkey Registry) we may identify you as the source of such information by first name, last name and city of residence, or as otherwise indicated on the applicable submission pages.

Postings

Portions of the Site may provide you with the opportunity to submit, post, display, transmit and/or exchange  information, ideas, opinions, testimonials, questions, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects or any other material, content or information created by you. If you submit a Posting to us for potential publication on the Site, you agree to the terms and conditions relating to such activities that are contained on the applicable submission pages of the Site, if any. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, Post, email or otherwise make available via the Site.

Postings do not reflect the views of the OFAH. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use to: (a) refuse to allow you to Post;

(b) remove and delete Postings;

(c) revoke your right to use the Site; and/or

(d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use.

If a Posting originates from you or your account, you agree that:

(a) you specifically authorize the OFAH to use such Posting in whole or in part, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;

(b) you represent and warrant that:

(i) the Posting is original to you and/or fully cleared for use as contemplated herein,

(ii) the Posting does not and will not, in any way, violate or breach any of these Terms of Use,

(iii) the Posting does not contain libelous or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter which will violate any federal or provincial statute or regulation if published or sold,

(iv) the Posting is not obscene or in any other manner unlawful,

(v) the Posting shall not be injurious to the health of the user and

(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that:

(i) you have the right to grant us the right to use all such Postings as described above, and

(ii) the Posting was produced in compliance with all applicable laws and regulations.

We are free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such Postings for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. You understand, acknowledge and agree that we have the right to delete, reformat and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. If you respond to a Posting, it shall not be deemed confidential, although it will be subject to our Privacy Policy Statement regarding Personal Information submitted to a non-public area. We are not liable for any use or disclosure of a Posting.

You hereby release OFAH from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you shall or may have in connection with your Postings including, without limitation, any and all liability for any use or nonuse of the your Posting, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. OFAH has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights in your Postings, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights now or hereafter recognized in connection with your Postings and the rights granted to OFAH hereunder.

Submission of Ideas

The Posting of your own original idea ("Idea") to OFAH is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that we may be working on the same or a similar idea; that we may already know of such Idea from other sources; that we may simply wish to develop this (or a similar idea) on its own; or we may have taken or will take some other action. In return for our review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms set forth herein, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as we otherwise agree in writing:

  1. The Idea represents your own original work. You have all necessary rights to disclose the Idea to us. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by our review and/or use of the Idea.
  2. You understand that disclosure of your Idea to us does not establish a confidential relationship or obligate us to treat the Idea (or any related materials) as secret or confidential.
  3. You understand that we have no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related ideas or ideas derived from your Idea. You understand that we assume no obligation with respect to any Idea unless and until we enter into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your Idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of Canada.
  4. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to us. To the extent you hold a patent in the Idea, we acknowledge that no license under any patent is herein granted to us. Any license to use a patented Idea shall be in the form of a written contract, in which event our obligations shall be only those expressed in such contract.
  5. We will give your Idea such consideration as is warranted in our sole judgment. OFAH's review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. OFAH is not obligated to give reasons for rejecting your Idea or to reveal OFAH's activities that are related to the subject matter of the submitted Idea.
  6. Neither the discussion or negotiations between OFAH and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice OFAH in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, OFAH consideration or its discussions or negotiations with you will not in any way impair OFAH right to contest the validity or infringement of your rights.
  7. You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of these Terms of Use, (b) the submission of your Idea to OFAH is entirely voluntary, and (c) OFAH, directly or indirectly, may (i) be working on the same Idea or a similar idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or a similar idea on its own.
  8. You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and OFAH, you hereby irrevocably release and forever discharge OFAH and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against OFAH and its affiliates and subsidiaries or their respective successors and assigns with respect to the Idea including, without limitation in respect of how OFAH and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

Public areas, registration, information and security

You acknowledge that any Postings you submit in a "public" area of our Site, areas or features that may allow members of the general public to view such submitted content on the Internet, may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and therefore you have no expectation of or right to privacy with regard to any such Posting. We have no obligation to monitor any Postings. You acknowledge that such public areas and features offered therein are public and not private communications. We cannot guarantee the security of any information you disclose; you make such Postings and disclosures at your own risk. We are not responsible for any errors, omissions, or offensive material contained in any content posted in any public areas or any decisions made or actions taken or not taken based on such information or content.

Disclaimers

Information contained on the Site, including "expert" responses to questions, is general in nature and is not a substitute for professional advice. You acknowledge that people answering questions on this Site, including those referred to as "experts," have varying levels of expertise and have not been certified as "experts" by us. We have not undertaken to verify the credentials or abilities of any such people, and their responses to questions should be used for informational purposes only. Before you act on information that you have found on the Site, you should independently confirm any facts that are important to your decision. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THE SITE BEFORE RELYING UPON IT.

We operate the Site from Canada. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and promise and represent that you are not subject to them. We make no representation that materials or services at this Site are appropriate or available for use outside Canada and accessing our Site from territories where its content is illegal or restricted is expressly prohibited.

We make no warranties of any kind regarding any third-party non-OFAH sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-OFAH sites. Unless otherwise agreed in writing, you are granted a limited, non-exclusive, revocable right to create hyperlinks to this Site, so long as:

(a) the links only incorporate text, and do not use any of our trademarks,

(b) you do not replicate Site content,

(c) the links and related content on your site do not suggest any affiliation with OFAH or cause confusion among consumers,

(d) the links and related content on your site do not portray OFAH or its products or services in a false, misleading, derogatory, or otherwise offensive manner,

(e) the links and related content on your site are not operated for any commercial purposes, and

(f) links to our sites are not embedded into or otherwise contained within frames representing your website.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED TO YOU "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND ALL INFORMATION, MATERIAL AND/OR CONTENT PROVIDED THEREON INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE THE SITE OR MODIFY ITS OFAH CONTENT OR CODE, AND WE ARE NOT LIABLE FOR OUR FAILURE TO UPDATE SUCH INFORMATION.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold OFAH, or any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you, or public posting of your Postings.

OFAH reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with OFAH in the defense of any such claim, action, settlement or compromise negotiations, as requested by OFAH.

Term; Access; Revisions; Partial Invalidity

These Terms of Use are effective until revised or terminated by OFAH. You may terminate your acceptance of these Terms of Use for all periods after you discontinue any further use of this Site. OFAH may also terminate these Terms of Use at any time and may do so immediately without notice. We reserve the right to deny you access to the Site or to revise the services and products described in the Site at any time without notice. Such revisions will be effective as soon as we make them. Upon any termination of these Terms of Use by either you or OFAH, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any rights you give OFAH prior to your cessation or termination of the use of the Site shall continue unaffected.

We may at any time revise these Terms of Use. You are bound by any revisions and should periodically visit this page to review the current terms and conditions, which apply to your use of the Site. These Terms of Use are effective on and were last updated on September 30, 2011. Your continued use of this Site following the posting of changes to these Terms of Use will mean that you accept those changes.

Questions and Notices

Questions concerning the use of the Site should be directed to ofah@ofah.org. Notices should be sent to: Ontario Federation of Anglers and Hunters Web Developer, P.O. Box 2800, Peterborough, Ontario, Canada, K9J 8L5. You can also inquire by calling 705-748-6324.  We will contact you using the address submitted by you or such other address as we reasonably determine is an appropriate address for you. When contacting us, please be sure to provide us with your exact email address, name, address, and/or telephone number(s) in order to be sure we handle your request correctly.

General

These Terms of Use created by your use of the Site represents the complete agreement between us and supersedes all prior agreements, understanding, and expectations, if any. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law. You may be subject to additional terms and conditions that may apply when you use or purchase certain other OFAH services or third-party services, content or software. In the event of any inconsistency between any additional terms and these Terms of Use, the additional terms shall govern as to their particular subject matter. The failure of OFAH to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit OFAH's rights with respect to such breach or any subsequent breaches.

These Terms of Use and any additional terms and conditions on the Site, shall be governed by and construed in accordance with Ontario law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in a provincial or federal court sitting in Ontario, and you consent to the exclusive personal jurisdiction of such courts. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Use or your use of any part of the Site must be asserted individually. Notwithstanding anything to the contrary, OFAH may seek equitable relief including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

© 2011 Ontario Federation of Anglers and Hunters. All Rights Reserved.