Indianapolis Fencing Club maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial; personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Indianapolis Fencing Club’ written permission.
TERMS OF USE
I. Accessing the Website means you agree to these Terms of Use
These Terms of Use are a legal agreement between you, the end user, and the Indianapolis Fencing Clubs, Inc., (the “Club”) and governs your use and access to the Club’s Website.
Except where expressly noted otherwise, the Club Website consists of all websites located on the following root domains: https://www.indyfencing.net (the “Website”).
By your access and use of the Website, you are indicating that you agree to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. In addition, you may be required to acknowledge your consent to these Terms of Use or third party terms of use to navigate to certain pages of our Website or to complete some transactions.
The terms of the Club’s Privacy Policy, available on the Website, are hereby incorporated. The Privacy Policy tells you how the Club collects, uses, protects, shares, and controls information about you related to your interaction with the Website.
II. The Website is for your noncommercial, personal use
The Club makes the Website, including all information, documents, communications, and audio/visual files provided by the Club or other third parties content from the Club (collectively, “Materials”) available for your noncommercial, limited, personal use.
III. These Terms of Use may change
From time to time, the Club may change these Terms of Use at its sole discretion. You should check the Terms of Use periodically. If you do not agree with the revised Terms of Use, do not continue to use the Website. Accessing or using the Website means that you have accepted any changes to these Terms of Use.
IV. Third-party Websites and Third Party Pages have different terms of use and policies
The Website may produce automated search results or otherwise link you to other websites on the Internet. These other websites are not under the control of the Club, and you acknowledge that Club is not responsible for the accuracy, content, privacy policies, terms of use, products, services, legality, reliability, viewpoint, accuracy, currency, copyright compliance, decency or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the linked website by the Club or any association with its operators. The Club does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Website or through the Internet generally in any way.
It is important to understand that when you access or use these other websites, the terms governing your use of other websites may be different from the Club’s Terms of Use and Privacy Policy. If you visit another website, you are encouraged to examine the privacy policies and/or terms of use policies of that website.
Some portions of the Website are provided in cooperation with third parties or (“Third Party Pages”) or are provided by third parties (“Third Party Websites”) and as a result have terms of use that are different from the Club’s Terms of Use and Privacy Policy as applicable. When visiting a Third Party Website, your access and use may be subject to additional terms of use.
V. Disclaimer of warranties
THE WEBSITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CLUB DISCLAIMS ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
The Club assumes no responsibility for any loss or harm that occurs from your use of the Website.
Your use of the Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
VI. Club’s liability is limited
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE CLUB’S ITS AGENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR WHICH ARISE FROM SITES ACCESSED THROUGH THE WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
BY USING OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR THE CLUB SHALL BE $100.00 USD.
VII. Acceptable use and indemnification from improper use
You agree to indemnify, hold harmless and defend (collectively “indemnify” of similar term as the context so requires) the Club from and against any and all damages, costs, losses, liabilities, claims, causes of action, proceedings, lawsuits and expenses (collectively “Claims”), including attorneys’ fees, costs and expenses reasonably incurred by the Club in connection with, related to, or arising out of your access, use or interaction occurring through the Website or the content made available via the Website.
VIII. These Terms Of Use are governed by the law of Indiana.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
IX. You grant a license to the Club for all submissions
You grant the Club a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website by all means and in any media now known or hereafter developed (“Submissions”). You waive all rights to such Submissions and warrant that you have the right to any Submissions. You agree that you shall have no recourse against the Club’s for any alleged or actual infringement or misappropriation of any proprietary right in your communication to the Club.
X. We will comply with the Digital Millennium Copyright Act
If you have any copyright concerns about materials posted on the Website, you agree to let the Club know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to the Club’s Designated Agent. An effective notification contains the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has 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.
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All inquiries not relevant to the following procedure will not receive a response. For more information contact: indyfencing@gmail.com
XI. Contact Us
Please contact us at indyfencing@gmail.com if you have questions or concerns regarding these Terms of Use.
Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Indianapolis Fencing Club regarding this subject matter are superseded by these Terms and Conditions.
TERMS
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Indianapolis Fencing Club. Indianapolis Fencing Club neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Indianapolis Fencing Club. While Indianapolis Fencing Club uses reasonable efforts to include accurate and up-to-date information in the Site, Indianapolis Fencing Club makes no warranties or representations as to its accuracy. Indianapolis Fencing Club assumes no liability or responsibility for any errors or omissions in the content of the Site, including the accuracy, completeness, timeliness, reliability or availability of any information you receive as a result of your use of the site. Your use of and browsing in the Site are at your risk. Neither Indianapolis Fencing Club nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site and data available to you through the site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Indianapolis Fencing Club also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Indianapolis Fencing Club and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Indianapolis Fencing Club will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Indianapolis Fencing Club has not reviewed all the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk, and is subject to these terms and conditions.
Indianapolis Fencing Club may at any time revise or delete the contents of the site, including these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. Indianapolis Fencing Club International reserves the right to revoke your access to the site.
These Terms and Conditions are the only understanding and agreement we have regarding your use of the Site. It supersedes all other communications or agreements we may have had prior to this Agreement.maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial; personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Indianapolis Fencing Club’ written permission.