Terms of Service

1. Contributors. If you provide the FDG with material for inclusion in the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By providing the FDG with Content for inclusion on the Website, you grant the FDG a world-wide, royalty-free, and non-exclusive license to reproduce the Content. If you wish to change or delete Content, the FDG will use reasonable efforts to comply with your request, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, the FDG has the right (though not the obligation) to, in the FDG’s sole discretion (i) refuse or remove any content that, in the FDG’s reasonable opinion, violates any FDG policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the FDG’s sole discretion. The FDG will have no obligation to provide a refund of any membership subscriptions previously paid to the FDG.

2. Responsibility of Website Visitors. The FDG is not responsible for the Content’s content, use or effects. By operating the Website, the FDG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that in your eyes is offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The FDG disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. The FDG does not have any control over those non-FDG websites and webpages, and is not responsible for their contents or their use. By linking to a non-FDG website or webpage, the FDG does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The FDG disclaims any responsibility for any harm resulting from your use of non-FDG websites and webpages.

4. Copyright Infringement. As the FDG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify the General Secretary and the Chairman of the FDG. The FDG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The FDG will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the FDG or others. In the case of such termination, the FDG will have no obligation to provide a refund of any membership subscriptions previously paid to the FDG.

5. Intellectual Property. This Agreement does not transfer from the FDG to you any FDG or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the FDG. The Fly Dressers’ Guild, The Fly Dressers’ Guild logo, and all other trademarks, service marks, graphics and logos used in connection with The Fly Dressers’ Guild, or the Website are trademarks or registered trademarks of the FDG. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FDG or third-party trademarks.

6. Changes. The FDG reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The FDG may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination. The FDG may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties. The Website is provided “as is”. The FDG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the FDG nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability. In no event will the FDG, or its suppliers or licensors, be liable with respect to any subject matter of this agreement for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the membership fees paid by you to the FDG under this agreement during the twelve (12) month period prior to the cause of action. The FDG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all the applicable laws and regulations of England or the country in which you reside and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification. You agree to indemnify and hold harmless the FDG, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12. Miscellaneous. This Agreement constitutes the entire agreement between the FDG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of the FDG, or by the posting by the FDG of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by English law. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the FDG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Thank you to WordPress.com for generously providing the starting point for this Agreement.