Terms & Conditions

Terms Of Service

Welcome to the www.nysfa.org website! This site is owned and operated by The New York State Falconry Association. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING www.nysfa.org. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

1. Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the Forum Rules at any time. Please check these Terms of Use and the Forum Rules periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes.

2. Ownership. This Site is owned and operated by The New York State Falconry Association. All materials contained in the Site are the property of The New York State Falconry Association unless otherwise noted. All trademarks, service marks, and trade names are proprietary to the New York State Falconry Association or its affiliates and/or third-party licensors. Including, but not limited to all logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of The New York State Falconry Association. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from The New York State Falconry Association Council, is strictly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Terms Of Use and other proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

3. Forums:

A. You are welcome to post, transmit or submit messages (collectively "threads") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). The New York State Falconry Association accepts no responsibility whatsoever in connection with or arising from such Messages. The New York State Falconry Association does not endorse and has limited control over the content of Threads submitted by others to Forums. Threads submitted to Forums are not necessarily reviewed by The New York State Falconry Association prior to posting and do not necessarily reflect the opinions or policies of The New York State Falconry Association. The New York State Falconry Association makes no warranties, express or implied, as to the content of the Threads in the Forums or the accuracy and reliability of any Threads and other materials in the Forums. Nonetheless, The New York State Falconry Association reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Threads for any reason at any time.

B. The New York State Falconry Association assumes no responsibility for actively monitoring Forums for inappropriate Threads. If at any time, The New York State Falconry Association chooses, in its sole discretion, to monitor the Forums, The New York State Falconry Association nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Threads, and no responsibility for the conduct of the user submitting any Thread. In submitting Threads to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that The New York State Falconry Association accepts no liability whatsoever if it determines to prevent your Threads from being submitted or if it edits, restricts or removes your Threads.

C. Children under the age of 13 are authorized to post messages or participate in Forums on this Site with Parental Permission

D. You agree that any Thread whatsoever submitted by you becomes the property of www.nysfa.org and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as The New York State Falconry Association sees fit.

4. Communications. You agree that your activities on the Site (including without limitation submission of any Threads to Forums) will not:

A. infringe www.nysfa.org or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Threads to Forums, you represent that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);

B. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for www.nysfa.org or cause The New York State Falconry Association to lose (in whole or in part) the services of our ISPs or other suppliers;

C. transmit content to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;

D. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;

E. unless specifically authorized by us, promote commercial endeavors or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 3;

F. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in, or operation of, the Forums in any way; or

G. be libelous, or an invasion of privacy or publicity rights or any other third party rights.

H. you may not have more than ONE member name/ID for your private use. If you have a member name/ID already and wish to change your name, you MUST notify The New York State Falconry Association before making any such changes and explain why you feel such a change is necessary. Not all name-change requests will be honored, but names changed without a prior request and permission will automatically be disabled.

I. An account/ID/member name may not be used jointly by a married couple/involved/committed couple or used in such a manner that it is a communal name used on this site by several members of your household. (more than one person using an account is not allowed)

5. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The New York State Falconry Association (www.nysfa.org) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The New York State Falconry Association ( www.nysfa.org) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The New York State Falconry Association (www.nysfa.org) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL The New York State Falconry Association (www.nysfa.org) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH The New York State Falconry Association (www.nysfa.org) , EVEN IF The New York State Falconry Association (www.nysfa.org) OR A New York State Falconry Association AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL The New York State Falconry Association (www.nysfa.org) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM).

7. Termination. You agree that The New York State Falconry Association (www.nysfa.org) , in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in The New York State Falconry Association (www.nysfa.org) sole discretion. The New York State Falconry Association (www.nysfa.org) may also in its sole discretion and at any time discontinue providing access to the www.nysfa.org, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that The New York State Falconry Association shall not be liable to you or any third-party for any such termination.

 
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