Terms of Use

Copyright statement

All Content (as defined below), unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by USABF and/or third parties. Except as expressly provided herein, USABF does not grant any express or implied right to you or any other user of the USABF website. The website may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.

Unless otherwise specified, the Content is © 2013, USABF. All rights reserved. Removing or altering this copyright notice on any Content on the website is prohibited. USABF also owns a copyright in the website as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the USABF website’s Content.

Terms of Use
The USABF reserves the right in its sole discretion to refuse or terminate access to its website at any time.   The USABF reserves the right to modify these Terms of Use at any time. Your continued use of the website shall be deemed to be your acceptance of any modified Terms of Use. If any future change is unacceptable to you, you should discontinue using the website.

The USABF website is owned by the USABF which owns (or licenses) all the wallpaper, characters, artwork, icons, graphics, music, text, and other content on the site, unless otherwise indicated ("Content"), and all HTML, CGI, and other code and scripts in any format used to implement the site ("Code"). You may not copy, modify, upload, download, transmit, (re)publish, or otherwise distribute any Code or Content from these sites except as expressly permitted by these rules and the instructions for each section of any portion of the website. You may not modify or use the Content or Code you receive from these sites for any purpose other than those permitted, and doing so will violate USABF's copyright and other proprietary rights.

USABF performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of USABF's right to comply with law enforcement requests or requirements relating to the user's use of these sites or information provided to or gathered by USABF with respect to such use.

Your Acceptance of these Terms of Use
You acknowledge you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations, and rules regarding online conduct and acceptable website/internet content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please discontinue use of the USABF website.

User-Generated Content Terms and Conditions
The following terms apply to areas of the USABF website that allow third party users to post content ("User Generated Content"), including, without limitation, in discussion forums ("Forums"). You agree that your registration for, access to, and participation in any Forum is subject to these terms, and applicable law.   The USABF does not prescreen User Generated Content. The USABF retains the rights, but not the responsibility, to edit or remove any User Generated Content and/or terminate your account for any reason in its sole discretion.   Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to interfere with or disrupt the website or services connected to the website.  

Your User Generated Content is not confidential or proprietary. You grant to the USABF a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.

Ownership. You are responsible for ensuring that any User Generated Content that you post does not, and will not violate third party rights of any kind. You warrant and represent that you own or control all rights, or have obtained the necessary permissions from the owner of such rights, in any User Generated Content that you post to any Forum.

General Use. You acknowledge and agree that the USABF does not have any obligation to review User Generated Content, that the USABF is not in any manner responsible for User Generated Content, that the USABF does not guarantee the accuracy, integrity or quality of User Generated Content, and that the USABF cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the website. You also acknowledge that by providing you with the ability to access, view and/or post User Generated Content on the website, the USABF is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website.

Users agree to use the USABF website user-generated content functions only to send and receive messages and material that are proper and related to the particular Forum. In addition to the terms stated herein and by way of example and not as a limitation, the user agrees that when using a Forum, users shall not:
• Abuse, harass, stalk, or threaten others;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
• Falsify the origin or source of software or other material contained in a file that is uploaded;
• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters, or for any other commercial purpose;
• Download any file that the user knows, or reasonably should know, cannot be legally distributed via this website;
• Knowingly and with intent to defraud provide material and misleading false information.

You represent and warrant also that the content you supply does not violate these terms, and that you will indemnify and hold the USABF harmless for any and all claims resulting from content you supply.

DISCLAIMERS
THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. THE USABF DOES NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL THE USABF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THROUGH ACCESS ANY CONTENT OR FEATURES, EVEN IF THE USABF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE USABF SHALL HAVE NO LIABILITY FOR ANY CLAIMS BROUGHT BY THE OWNERS OF CONTENT OR SITES ACCESSED THROUGH CLICK-THRU ACCESS BASED ON YOUR INAPPROPRIATE OR UNPERMITTED ACCESS OF SUCH CONTENT OR SITES. YOU HEREBY AGREE TO INDEMNIFY THE USABF FOR SUCH CLAIMS IF BROUGHT AGAINST THE USABF IF YOU USED THIS SITE FOR SUCH INAPPROPRIATE OR UNPERMITTED ACCESS.

Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The United States controls the export of any software downloadable from this website. No software or any other materials associated with the USABF website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the USABF website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.