KySporting - Kentucky Hunting and Fishing
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© 2007 Kentucky Sporting
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Terms of Conditions
Privacy Policy

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TERMS OF CONDITIONS


BY REGISTERING, OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS USER AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND KENTUCKY SPORTING, LLC, AND EQUALLY BINDING. IF YOU DO NOT AGREE, YOU ARE NOT AND WILL NOT BE GRANTED PERMISSION BY KENTUCKY SPORTING, LLC TO ACCESS KENTUCKY SPORTING, LLC's SITE MATERIALS.

Welcome to Kysporting.com Web site (this "Site") provided by Kentucky Sporting, LLC. The following Limited License and User Agreement ("User Agreement") governs your access to and use of this Site and the information, profiles, materials and other content available on or through this Site ("Site Materials"). Please read this document carefully before using this Site or any Site Materials. We reserve the right, at our sole discretion, to change this document from time to time. Your continued use of this Site or any Site Materials after such changes take effect will be deemed to constitute your acceptance of and agreement to the new document version.

Limitation of Liability & Disclaimer : Kentucky Sporting, LLC obtains its information from sources and people it believes to be reliable. However, because of the possibility of human and mechanical error as well as other factors, Kentucky Sporting, LLC makes no representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information.

THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ATTEMPT TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS AND DATABASES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IMPROVING YOUR HUNTING/FISHING SUCESS OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.

FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH OTHER MEMBERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH MEMBERS OR USERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

Ratings are statements of opinion and not statements of fact or recommendations to utilize any hunting/fishing services and do not constitute expert advice. Users are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at the users' sole risk. Users should obtain any additional information necessary to make an informed decision. Kentucky Sporting, LLC assumes no responsibility or liability for any sales, trades, products or services rendered by any member, user, advertiser, or employee, featured on the Kysporting.com site.

Events Beyond Our Control : You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, governmental restrictions, unlawful sales or services provided by other members, users, advertisers, or employees on this site.

No Recommendations or Advice : Kysporting.com is not a referral service and does not recommend or endorse any particular Hunting/Fishing provider. Rather, Kysporting.com is only an intermediary that provides selected information about stores or products. We do not offer advice regarding the quality or suitability of any particular business or organization for specific products or services, and no information on this Site should be construed as hunting/fishing advice. Rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific product or service. You should obtain any additional information necessary to make an informed decision prior to utilizing any product or service. You agree to assume all responsibility in connection with choosing any product or service, whether or not you obtained information about such product or service on or through this Site. We assume no responsibility or liability for any advice, sales or other services rendered by any member, user, advertiser or employee, or for and other claims that may arise directly or indirectly from any such advice, products or other services.

Your Responsibilities and Limited License : You agree that all material you post become the property of Kentucky Sporting, LLC, and Kentucky Sporting, LLC has the right to remove, edit, move or close any posting at any time for any reason, at its discretion. You agree that you will NOT use Kentucky Sporting, LLC 's web site to post any advertisement, chain letter, solicitation or other commercial message. You agree that you will NOT post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message. You agree you will NOT post material that is illegally invasive of another person's privacy. You agree NOT to post any other person's or firm's copyrighted material. Although Kentucky Sporting, LLC attempts to delete objectionable messages from its web site, it operates in real time and does not review material before posting. All messages express the views of the author, and Kentucky Sporting, LLC will NOT be held responsible for any content, any posting or any message. You agree by using this Site that the data and information here, including Kysporting.com's rating system and Kysporting.com's ratings of individual providers, are and remain the sole property of Kentucky Sporting, LLC. You agree that your license to access and use this information is limited solely to a personal, revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials, and to copy, download, store and/or print a single copy of any Site Materials, solely for your non-commercial use and not for resale or distribution to anyone else. You further agree that an express condition on your license is that you will not otherwise transmit or use the Site Materials, and your continued compliance with this User Agreement. Except as expressly permitted by us in writing, you agree not to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble any aspect of this Site or any Site Materials, in whole or in part, in any form or by any means, without our prior written permission. Further, you may not use any "hidden text" utilizing the name "Kysporting.com" without our prior written permission. You are welcome to browse Kysporting.com for your own personal, non-commercial purposes, for free. Copying or other use of any of the information contained on this site is strictly prohibited. Kentucky Sporting, LLC tracks this information and will use all lawful means to remedy any breach of this Agreement and/or any violation of law executed pursuant to anyone's use on this Site. Except as expressly permitted by us in writing, you agree that you will not, directly or indirectly, use any of the databases or the information contained on this Site for any purposes other than your personal, non-commercial use. Without limiting the foregoing, you agree that you will not, directly or indirectly, use the databases: (i) to compile mailing lists or other lists of business or orginizations for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; (iii) in violation of any applicable laws or regulations, or (iv) to generate or download more than fifteen (15) reports in any given day, without our prior written authorization.

Framed Sites : Kysporting.com may syndicate its content to and distribute its content through other sites on the Internet. Although you may see the Kysporting.com logo on these pages, your activity and information on a framed site is governed, gathered and controlled by the privacy statement on the URL /domain address you're visiting. Kysporting.com does not receive user information back from these framed sites.

Proprietary Materials : Except as provided in this Agreement, we do not grant you any rights under any copyrights or trademarks. Accordingly, unauthorized use or reproduction of any Site Materials may violate copyright laws, trademark laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that Kentucky Sporting, LLC actively and aggressively enforces our intellectual property rights to the fullest extent of the law.

Limitations of Liability : YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, INVESTORS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.

Indemnification : You agree to defend, indemnify, and hold harmless Kentucky Sporting, LLC and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this Agreement.

Governing Law and Selection of Venue : You agree that this User Agreement is made in, and will be construed and enforced in accordance with, Kentucky law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Kentucky. You agree that any action arising out of the content of this Site, your use of the Site Materials, or any action to enforce this User Agreement will be brought only in the federal or state courts presiding in Paducah , Kentucky , U.S.A. , and you expressly agree to be subject to the complete jurisdiction of such courts. Use of this Site is limited solely to persons who agree to resolve any and all disputes pertaining to this Site in the federal and state courts of Kentucky , and such an agreement is an express condition to use of this Site. This Site is controlled and operated by Kentucky Sporting, LLC from its offices within the United States . We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States , and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.

Amendments : Kentucky Sporting, LLC may change the terms of this Agreement or the Service from time to time. Your continued use of the Service after such changes become effective, constitutes an affirmative agreement by you to abide and be bound by this Agreement and its modifications. If you do not agree to the new or different terms, then you agree not to use the Service.

Last Updated May 2006

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PRIVACY POLICY

Because we respect your right to privacy, we have developed this Privacy Statement to inform you about our privacy practices for Kysporting.com.

This Privacy Policy applies to web sites owned and operated by Kentucky Sporting, including the Kysporting.com Site.

Privacy of Reviewers and Members : Reviews are posted as anonymous with member's screen name only. As a member you control your level of exposure by picking a screen name and editing your profile information. We never make your e-mail address or any other personal information available to any other person, unless we have your consent or when we are required do to so by law, such as a search warrant, subpoena, or court order, or when we deem it necessary, in our sole discretion, to protect our rights and the safety of others, or our members, employees, or properties. Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.

Information We Collect and Why :

1. Unregistered Guests: Our site provides extra features for registered members such as the participation in features such as but not limited to auctions, classifieds, forum, and any other features we wish to change to members-only. If you choose not to register with us, you can still use our site. In that case only non-personal information will be collected by us such as your IP address and urls (web pages) you arrived from and visit on while on our site. This information is used by us to better our visitors' experience.

2. Registered Members: If you register with us, you must provide your email address (as well as account username and password that we store for your convenience). Your email address is required for administrative purposes (notifications about changes in our site, special opportunities notices, such as to become a featured reviewer, get extra exposure on the site, etc). As described below you may opt not to receive administrative emails. We also collect non-personal information such as your IP address and urls (web pages) you arrived from and visit while on our site. This information is used by us to better our visitors' experience. Information you fill out via your account page (Member Profile Information) is optional and can be viewed by other members of Kysporting.com

Changing Your Information : You can always change your information (profile information, username, screen name, email preferences, etc) via your member account page.

Cookies : Kysporting.com places a session cookie on your computer. A cookie is a unique identifier that helps us understand how visitors navigate the site. The use of cookies is standard on the Internet and many major websites employ them. Most browsers automatically accept cookies; however, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept the cookie. The cookie itself does not identify you, your email address or any other personal information. We use the information it provides to help us improve the site and our service, and to provide our visitors with a better experience while on the site. Even without accepting a cookie you can still access most of the features on the site. There may, however, be limitations on your use of some site functions. There is no personal or aggregate data collected by these cookies.

Links : This Web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when you leave our site and to review the privacy statements of each and every Web site that you visit via Kysporting.com.

Security : Kysporting.com implements methods of securing its user information databases from unauthorized access or alteration.

Amendments to the Privacy Policy : This policy may be amended from time to time and in our sole discretion, upon posting notice on the Web site. Please periodically visit this page to review the current privacy policy.

Please feel free to contact us with any questions.

Last Updated May 2006