Web Site olicies
General Terms and Conditions
Terms and Conditions of Use by Oregon Trail Winnies Itascas The State Club
10 29
2009
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS
AND CONDITIONS OF USE.
This web site, including all of its features and content (the
"Web Site") is a service made available by Oregon Trail Winnies Itascas The State
Club or its affiliates ("Provider") and all content, information, services and software
ordered or provided on or through this Web Site ("Content") may be used solely under
the following terms and conditions.
Terms of Use
Web Site Limited License. As a user of this Web Site you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use this Web Site and Content
in accordance with these Terms of Use. Provider may terminate this license at any
time for any reason.
The Content on this Web Site is for your personal use only and
not for commercial exploitation. Notwithstanding the foregoing and to the extent
this Web Site provides electronic commerce, such buying opportunities may be made
available for group as well as personal purchasing, so long as you are authorized
to make purchases on behalf of such group. You may not use the Content to determine
a consumer's eligibility for: (a) credit or insurance for personal, family, or household
purposes; (b) employment; or (c) a government license or benefit. You may not use
this Web Site to transmit any false, misleading, fraudulent or illegal communications.
You may not copy, modify, reproduce, republish, distribute, display, or transmit
for commercial, non-
Third Party Communications. Provider disclaims
all liability for any Third Party Communications you may receive or any actions you
may take or refrain from taking as a result of any Third Party Communications. You
are solely responsible for assessing and verifying the identity and trustworthiness
of the source and content of any Third Party Communications. Provider assumes no
responsibility for verifying, and makes no representations or warranties regarding,
the identity or trustworthiness of the source or content of any Third Party Communications.
As used herein, "Third Party Communications" means any communications directed to
you from any third party directly or indirectly in connection with this Web Site.
Your use of Content on this Web Site or materials linked from this Web Site is at
your own risk.
Intellectual Property Rights. Except as expressly provided in these
Terms of Use, nothing contained herein shall be construed as conferring any license
or right, by implication, or otherwise, under copyright or other intellectual property
rights. You agree that the Content and Web Site are protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Linking to this Web
Site. You may provide links only to the homepage of this Web Site, provided (a) you
do not remove or obscure, by framing or otherwise, any portion of the homepage, including
its advertisements, the terms of use, the copyright notice, or other notices on this
Web Site. License of Your Content to Provider. By posting, publishing, uploading,
or distributing any messages, data, information, text, graphics, links, content,
or other materials (collectively, "Postings") for use on this Web Site, you grant
(or warrant that the owner of such rights has expressly granted) Provider a perpetual,
worldwide, royalty-
Advertisers. This Web Site may contain advertising
and sponsorship. Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on this Web Site is accurate and complies with applicable
laws. Provider will not be responsible for the illegality of or any error or inaccuracy
in advertisers' or sponsors' materials or for the acts or omissions of advertisers
and sponsors.
Registration. Certain sections of this Web Site require you to register.
Postings to be in Your Name. Your Postings shall be accompanied
by your real name and shall not be posted anonymously. Notwithstanding the previous
sentence, if the applicable registration page for your participation in an Interactive
Area allows you to create a screen name, you may select and use a screen name that
is not your real name, provided that you use your real name when registering for
participation in the Interactive Area. Participants in Interactive Areas shall not
misrepresent their identity or their affiliation with any person or entity.
No Monitoring
of Postings. Provider has no obligation to monitor or screen Postings and is not
responsible for the content in such Postings or any content linked to or from such
Postings. Provider however reserves the right, in its sole discretion, to monitor
Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted,
published, uploaded or distributed, and remove Postings, at any time and for any
reason or no reason.
. Non-
Errors and
Corrections. Provider does not represent or warrant that this Web Site or the Content
or Postings will be error-
Third Party Content. Third party content (including, without limitation,
Postings) may appear on this Web Site or may be accessible via links from this Web
Site. Provider shall not be responsible for and assumes no liability for any infringement,
mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content contained in any third party content appearing on this
Web Site. You understand that the information and opinions in the third party content
is neither endorsed by nor does it reflect the belief or opinion of Provider. Further,
information and opinions provided by employees and agents of Provider in Interactive
Areas are not necessarily endorsed by Provider and do not necessarily represent the
beliefs and opinions of Provider.
DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS,
THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-
LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT,
THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH
AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE
FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY
DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO
USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD
PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED
OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES
SHALL BE LIMITED TO $100.00.
Indemnification. You agree to indemnify, defend and
hold Provider, its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Web Site harmless from and against all
claims, losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these Terms of Use by you or arising from or related
to any Postings uploaded or submitted by you.
Unlawful Activity. Provider reserves
the right to investigate complaints or reported violations of our Terms of Use and
to take any action we deem appropriate including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such persons or
entities relating to user profiles, e-
Remedies for Violations. Provider reserves
the right to seek all remedies available at law and in equity for violations of these
Terms of Use, including but not limited to the right to block access from a particular
Internet address to this Web Site and any other Provider web sites and their features.
Sever ability of Provisions. These Terms of Use incorporate by reference any notices
contained on this Web Site, the Privacy Policy and the Services Terms and constitute
the entire agreement with respect to access to and use of this Web Site, the Interactive
Areas, and the Content and Postings. If any provision of these Terms of Use is unlawful,
void or unenforceable, or conflicts with the Services Terms then that provision shall
be deemed sever able from the remaining provisions and shall not affect their validity
and enforceability. Notwithstanding anything to the contrary in these Terms of Use,
if you have a separate signed written agreement with a Provider that applies to your
use of any of that Provider's Content, that agreement constitutes the entire agreement
between you and that Provider with respect to the affected Content subject thereto
(the "Otherwise Covered Content"), and these Terms of Use shall be treated as having
no force or effect with respect to the Otherwise Covered Content.
Modifications to
Terms of Use. Provider reserves the right to change these Terms of Use at any time.
Updated versions of the Terms of Use will appear on this Web Site and are effective
immediately. You are responsible for regularly reviewing the Terms of Use. Continued
use of this Web Site after any such changes constitutes your consent to such changes.
Posted 10 2009 O.T.W.I. All rights reserved by Oregon Trail Winnies Itascas The
State Club
