THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Registration to this forum/website is free! We do, however, insist that you abide by the Terms and Conditions detailed below. By registering and/or viewing this website you agree to the terms outlined below.
Introduction
Welcome to the Internet sites of BD Outdoors LLC (“BD“). “BD Sites” include BDoutdoors.com, Bloodydecks.com, BDSwag.com, FishDope.com, Satfish.com, Yellowtailshootout.com, offshoreshootout.com and other Internet sites on which these terms of use are posted. BD and any and all entities that control, are controlled by, or are affiliated or under common control with, BD are collectively referred to herein as “we,” “us” or “our.” PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY BD SITE. By using any BD Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the BD Sites. Note that special terms apply to some services offered on certain BD Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the BD Sites and receipt of data, materials and information available at or through the BD Sites, the possibility of our use or display of your Solicited and Unsolicited Submissions and the possibility of the publicity and promotion from our use or display of your Submissions.
Use of Content
All information, materials, functions, and other content (including Submissions, as defined in the section entitled “SUBMISSIONS”) (“Content“) contained on BD Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All manuscripts, letters and forum posts sent to any of the BD Sites will be treated as assigned for publication and/or posting on the BD Sites and copyright purposes and subject to editing. BD does not necessarily endorse the author\’s views of any posted content. BD is not responsible for the loss of any content submitted. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the BD Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any BD Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the BD Site, except that where a BD Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of BD Sites is prohibited. In the event that we offer downloads of software on a BD Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Submissions
In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute“) on or through a BD Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a BD Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any BD Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in the section entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any BD Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of any BD Site that offers the opportunity for users to Distribute Submissions for viewing by one or more BD Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any BD Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
Rules of Conduct/strong>
The following Rules of Conduct apply to the BD Sites. By using the BD Sites, you agree that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) without the express written consent of BD;
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the BD Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the BD Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance
Accounts
Some services on the BD Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data“). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any BD Site. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use any BD Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Email Opt-in Policy
When registering for BD Sites you will be opted in to periodically receive emails from BD Sites. You may unsubscribe at anytime by clicking on the “To stop receiving these emails, click here” link at the bottom of any email sent.
Trademarks
All trademarks, service marks and trade names of BD Sites used in the site are trademarks or registered trademarks of Bloodydecks LLC, BD Outdoors LLC.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration. These terms and conditions, or any part of them, may be terminated by Bloodydecks.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
BD Sites may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BD Sites.
Participation Disclaimer
Bloodydecks.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Bloodydecks.com and Jelsoft Enterprises Ltd. (developers of vBulletin) are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Bloodydecks.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Bloodydecks.com in its sole discretion. This includes images depicting nudity.
Third-Party Links
In an attempt to provide increased value to our visitors, BD Sites may link to sites operated by third parties. However, even if the third party is affiliated with BD Sites, BD Sites have no control over these linked sites, all of which have separate privacy and data-collection practices, independent of BD Sites. These linked sites are only for your convenience and therefore you access them at your own risk.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY BD SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A BD SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO BD SITES OR CHANGE THE BD SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.