Website Terms of UseEffective Date: August 16, 2013 DMOT, Inc., a Tennessee corporation ("Bill Dance," "us" or "we") operates the Bill Dance website as a free online service (this "Service") to provide You information and entertainment regarding fishing. By using this Site or this Service, you are bound by these Terms of Use. Registration Age Restriction. You must be at least 13 years old to be a registered user of our Service. To post content, you must be at least 18. Registration Information. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. Password Security. As a registered user, you choose a unique password. You may not use the password of any other person to access the Service. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Service. You are solely responsible for the activities of anyone accessing the Service using your password, even if the activities were not authorized by you. You must notify us at dmotinc@aol.com immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Service. Submissions In your use of the Service, you may be posting a variety of content, including without limitation text, graphics, photographs, information, videos, links and other material ("Submissions"). You may not post Submissions that:
License to Use Your Submissions. By posting Submissions on a Site, you are granting Bill Dance a non-exclusive, worldwide, full paid-up and royalty-free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on your Submissions, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. Termination of License to Use Your Submissions. The license granted in the preceding section of these Terms of Use shall automatically terminate with respect to our future uses of Submissions within a commercially reasonable time after you remove (or ask us to remove) such Submissions from the Site. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed Submissions, such licenses shall not be deemed revoked as to the prior uses. Termination of this license does not terminate the license you have granted in any <a href="http://www.caringbridge.org/termsofuse">Ideas</a> contained in your Submissions. In addition, termination of this license does not terminate our right to preserve, access and disclose your Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bill Dance, its users and/or the public. Your Warranties with Respect to Your Submissions. By posting a Submission on this Service, you represent and warrant that the posting of your Submission does not violate these Terms of Use or applicable laws. Right, But Not Obligation, to Monitor Submissions. Bill Dance does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion. Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use. Submissions Do Not Reflect the Views of Bill Dance. The Submissions posted on our Service by any person, regardless of that person's affiliation or non-affiliation with Bill Dance, reflect only the opinions of the person posting the Submission. Copyright Ownership. You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission. UNDER NO CIRCUMSTANCES SHALL BILL DANCE OR ITS SPONSORS BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH THE SITE BY YOU OR ANY OTHER USER. We do not control, have no obligation to monitor, and are not responsible for what users post on or through our Service and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal Submissions you may encounter on our Service or in connection with your use of our Service. Restrictions on Use of the Service You may not post, email or make available any content or use this Service:
Ownership of the Services and Submissions Ownership of the Service. This Service, including all of the software and code comprising or used to operate the Site and all content provided by Bill Dance is owned by Bill Dance or by third parties who have licensed their rights to Bill Dance. No right, title or interest in the Service or any Bill Dance content is transferred to you under these Terms of Use. Bill Dance does not claim ownership of the copyrights in your Submissions. Trademarks. All tradenames, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of Bill Dance, or its licensors, or other third parties (collectively, the "Trademarks") and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this website without the prior express written permission of Bill Dance or the trademark owner. Ownership of Ideas DO NOT SUBMIT CONFIDENTIAL OR PROPRIETARY IDEAS TO US. DO NOT SUBMIT IDEAS TO US IF YOU EXPECT ANY FORM OF COMPENSATION. ANY IDEAS YOU CHOOSE TO SUBMIT TO US MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT COMPENSATING YOU IN ANY WAY AND WITHOUT OBLIGATION OF CONFIDENTIALITY. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US. As used in these Terms of Use, the term "Ideas" refers to any feedback, suggestions, inventions, conceptions or ideas you submit to Bill Dance. The term "Ideas" does not include any Submission you post on a Bill Dance Site. Bill Dance does not wish to receive confidential or proprietary ideas. All Ideas submitted to Bill Dance through our Service shall be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By submitting Ideas to Bill Dance, you are granting to Bill Dance and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same. Right to Modify or Discontinue Service and Sites Bill Dance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Bill Dance shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites. Disclaimer of Warranties BILL DANCE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BILL DANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BILL DANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SERVICE. Limitations of Liability UNDER NO CIRCUMSTANCES, SHALL BILL DANCE, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, OR YOUR USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BILL DANCE OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BILL DANCE, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. Security Bill Dance has no way of knowing and will not be responsible or liable if the individual accessing a Site obtained the website address through improper means. In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. Bill Dance does not warrant that our Service or any Site is secure or "hackerproof." You use our Service solely at your own risk. Choice of Law, Jurisdiction and Venue These Terms of Use and the relationship between you and Bill Dance shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Tennessee, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SERVICE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN SHELBY COUNTY, TENNESSEE, U.S.A. YOU AND BILL DANCE IRREVOCABLE AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Copyright Violations We respect the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” If You are concerned about the removal of or blocked access to Your content, please provide Our Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the requirements of the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website athttp://www.copyright.gov). DMCA Notification of Alleged Copyright Infringement If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Our registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below: Copyright Agent A Notification of Alleged Infringement must be submitted in writing and include the following information: (a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. (b) Identification of the copyrighted material claimed to have been infringed. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. (d) Information reasonably sufficient to permit Us to locate the material that is claimed to be infringing or to be the subject of infringing activity. (e) Information reasonably sufficient to permit Us to contact You, such as a physical address, email address, and telephone number. (f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Counter-Notification If you elect to send us a Counter-Notification, please send an email or letter to Our registered Copyright Agent at the email or mailing address below: Copyright Agent A Counter-Notification must be submitted in writing and include the following information: (a) Physical or electronic signature of the user or a person authorized to act on behalf of the user. (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Shelby, State of Tennessee and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. General As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Bill Dance with respect to the subject matter hereof. Other Agreements When you sign up to use specific functionality or a special feature of our Service, you may be asked to agree to special terms governing your use of that functionality or special feature. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. Linked Sites The Service and Sites may provide links to other Internet websites or resources that are neither controlled nor endorsed by Bill Dance. Bill Dance is not responsible in any manner for any content, advertising, products or other materials on or available on linked sites. These Terms of Use May Change We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of our Service. When we change the Terms of Use we will update the Effective Date at the top of this page. Your continued use of our Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. Contact Us If you have any questions regarding these Terms of Use, please contact us by email at dmotinc@aol.com.
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