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Terms of Use
(As of March , 2002)

By joining VAflyfish you're agreeing to abide by the Terms of Service below. For purposes of these Terms of Service, VAflyfish is defined as all English language, United States based web sites, web pages, and channels controlled and/or operated by Realfly LLC including, without limitation, the VAflyfish.com web sites.

We've created these rules and guidelines to protect you and to ensure that VAflyfish is safe and fun for everybody. This way, should someone use bad language, make a harassing statement or otherwise make a pain of himself/herself, we are able to do something about it. If you encounter another member who isn't abiding by these rules, please write to us. By agreeing to these terms, you're taking responsibility for your own actions.

VAflyfish.com: Virginia's PREMIER Fly Fishing Community Terms of Service

1. Acceptance of Terms of Service

VAflyfish.com: Virginia's PREMIER Fly Fishing Community ("VAFLY") is provided free of charge to you by Realfly LLC (including VAflyfish.com and all other subsidiaries and affiliates of Realfly LLC, "VAflyfish"). Although portions of VAFLY may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from Realfly you need to sign on as a guest or register as a member of VAFLY. If you sign on to VAFLY as a guest, these Terms of Service will govern your use of VAFLY, including access to message boards and other features. If you register as a member of VAFLY, these Terms of Service will govern your use of VAFLY, including access to message boards, reports, the e-mail account and personal website that may be provided to you in connection with VAFLY and other features. BY SIGNING ON TO VAFLY AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of VAFLY and all services provided in connection with VAFLY, including but not limited to any e-mail accounts provided to you by Realfly. Realfly shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter VAFLY. The Terms of Service for your continued use of VAFLY will be available throughout VAFLY. Please check these areas before using VAFLY to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with VAFLY immediately (i) by notifying Realfly of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of VAFLY. Your continued use of VAFLY will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time Realfly may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on VAFLY to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Registration Information/Privacy Policy

When you register for VAFLY, you will be required to provide Realfly with the following information: your name, e-mail address, member name, password, reference (how did you find or hear about VAflyfish), and ZIP code. In addition, you may choose to provide VAFLY with additional information as part of your personal profile.

Any information provided by you or gathered by Realfly or third parties during any visit to VAFLY shall be subject to the terms of Realfly's Privacy Policy, which is incorporated herein by reference. Click here if you wish to read Realfly's Privacy Policy. Realfly reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by Realfly.

Realfly reserves the right to terminate your Realfly e-mail account and remove your personal Realfly website if Realfly learns that you have provided Realfly with false or misleading registration information.

3. Termination

Realfly reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access VAFLY and/or any other service provided to you by Realfly including any e-mail account upon any breach by you of the Terms of Service.

4. Modifications of these Terms of Service

Realfly may modify these Terms of Service from time to time in its sole discretion. Each time you log on to VAFLY, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Realfly's discretion) to provide you notice of such changes to your Realfly e-mail account or any other e-mail address you have provided to Realfly LLC.

5. Modifications of the Realfly Network

Realfly may modify or discontinue VAFLY with or without notice to you and without liability to you or any third party.

6. Content of Messages

You alone are responsible for the content of your messages, and the consequences of any such messages. Realfly reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. VAFLY is to be used by you for your personal use only. Commercial uses of VAFLY are strictly prohibited unless prior written consent from Realfly has been granted. You agree that you will not use VAFLY for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use VAFLY to send or post on message boards or any place on VAFLY, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Realfly in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on VAFLY. Realfly reserves the right to delete any such material from VAFLY. Realfly will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Realfly. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use VAFLY to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Realfly permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to VAFLY, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on VAFLY is not protected by Rights rests with you. You acknowledge that Realfly may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of VAFLY, including message boards, forums, contests, events, reports, feedback, you grant Realfly and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on VAFLY retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, EVENTS, REPORTS, FEEDBACK, CONTESTS OR ANY OTHER AREA ON VAFLY, YOU HEREBY EXPRESSLY PERMIT Realfly TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY Realfly'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services

You may order services or merchandise through VAFLY from other persons not affiliated with Realfly ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Realfly makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Realfly nor will Realfly be construed as a party to such transactions, whether or not Realfly may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Realfly may include special routing icons which may be located within VAFLY, the activation of which will allow you to access and learn more about Realfly and other services provided by Realfly or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Realfly of any unauthorized use of your registration or password.

9. Notification of Any Possible Copyright Infringement

In the event you believe that material or content published on the Realfly may infringe on another's or your copyright, please provide detailed written notice of such possible infringement to flymaster@vaflyfish.com.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF VAFLY IS AT YOUR SOLE RISK. VAFLY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Realfly EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Realfly MAKES NO WARRANTY THAT VAFLY WILL MEET YOUR REQUIREMENTS, OR THAT VAFLY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Realfly MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VAFLY. Realfly WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF VAFLY.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VAFLY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT Realfly DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH VAFLY. Realfly IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Realfly NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN VAFLY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Realfly ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

Realfly SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN VAFLY. YOUR PARTICIPATION IN VAFLY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Realfly OR THROUGH VAFLY, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Realfly MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH VAFLY OR ANY TRANSACTIONS ENTERED INTO THROUGH VAFLY.

Realfly IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE Realfly'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Realfly with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, Realfly MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Realfly specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on VAFLY, you are promising that the content of your advertisement is true and that you will indemnify Realfly against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on VAFLY, you waive any claims against Realfly for damages arising from such advertisement or your reliance upon statements in such advertisement.

11. Limitation of Liability

Realfly SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE VAFLY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH VAFLY OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF Realfly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. E-Mail Message Storage

Realfly assumes no responsibility for the deletion of or failure to store e-mail messages.

13. Promotional Messages

Realfly and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Realfly makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Realfly nor such third party shall have any liability with respect thereto.

14. Indemnification

You agree to indemnify and hold each of Realfly, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of VAFLY, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering VAFLY, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Virginia.

16. Remedies for Breach of these Terms by You

In the event that Realfly determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of VAFLY, Realfly reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to VAFLY; (iii) delete all content provided by you to VAFLY; (iv) discontinue your registration(s) with VAFLY and/or any other Realfly community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Realfly deems to be appropriate.

If your registration(s) with or ability to access VAFLY, any other Realfly community and/or any other service provided to you by Realfly is discontinued by Realfly due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of VAFLY, then you agree that you shall not attempt to re-register with or access VAFLY, any other Realfly community and/or any other service provided by Realfly, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Realfly reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

17. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Realfly may assign its rights and obligations under these Terms of Service and upon such assignment Realfly may be relieved of any further obligation hereunder.

You represent to Realfly that you have the authority to register with or visit VAFLY according to these Terms of Service. Realfly does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit VAFLY.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on VAFLY by Realfly) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Realfly, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

Realfly reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days' prior written notice to you.
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