Terms of Use

Friends of Devil’s Lake State Park

Updated: September 14, 2020. This Terms of Use Agreement updates and overrides any preexisting terms of use found on any Friends of Devil’s Lake State Park web properties. 

 This Terms of Use Agreement (these “Terms of Use”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and Friends of Devil’s Lake State Park (“FODL”). These Terms of Use govern your access to and use of the web sites, media, apps, in-app services and any other cloud services offered by FODL including without limitation www.friendsofdevilslake.org web sites and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through it or used in connection with it (collectively, the “Services” and each a “Service”). By downloading, accessing or using any part of the Service You have accessed, you will be bound by these Terms of Use. If You do not agree to these Terms of Use, FODL is not willing to grant You any right to use or access the Service. In such event, You are not granted permission to access or otherwise use the Service and are instructed to exit the Service immediately.

FODL may change, add or remove portions of the Terms of Use from time to time, and such changes shall become effective immediately upon posting. It is Your responsibility to review the Terms of Use prior to each use of the Service, and by continuing to use the Service, You agree to any changes, additions and removals.

SERVICE ACCESS AND USE LICENSE

The Service You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by FODL, its affiliates and licensors. The Service is licensed to You, not sold. Except for the limited license granted in these Terms of Use, FODL and its licensors retain all right, title and interest in the Service and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks and trade names.

FODL may change, suspend, or discontinue any aspect of the Service at any time. FODL, its suppliers and service providers reserve all rights not granted in these Terms of Use. 

1.             GRANT OF LICENSE. FODL grants You a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.

2.             LIMITATIONS ON LICENSE. The license granted to You in these Terms of Use is restricted as follows:

A.           Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein.

B.            Limitations on Use. You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use or the Service. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by FODL or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of FODL or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of FODL; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FODL.

C.            Non-Solicitation. You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.

D.           Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.

E.            Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.

F.            Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

3.             USER OBLIGATIONS. By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by FODL; and (iii) are not using another authorized user’s account without that person’s permission.

4.             YOUR SUBMISSION OF CONTENT. The Service may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Materials”). You are solely responsible for any Materials You provide. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to FODL and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Service to access, view, store or reproduce Your Materials and content for that user’s personal, non-commercial use. FODL will not be required to treat any Materials as confidential, and You grant to FODL the right to edit, copy, display, publish and distribute any Materials made available via the Service by You, without compensation to You or any other party submitting the Materials for You. Notwithstanding the right and license, by merely permitting Your Materials to appear on the Service, FODL is not a publisher of such Materials, and is merely functioning as an intermediary to enable You to provide and display Materials. Moreover, and except as provided in these Terms of Use with respect to the right and ability of FODL to delete or remove Materials, FODL does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Service, You will not post or transmit any of the following:

A.           anything that interferes with or disrupts the Service or its operation;

B.            Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;

C.            unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;

D.           Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;

E.            Materials that harm minors;

F.            Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or

G.           files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.

5.             OTHER TERMS AND CONDITIONS. Additional notices or terms and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Service, all of which are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service, the latter terms shall control with respect to Your use of that portion of the Service.

6.             LINKS TO OTHER SERVICES. FODL may provide links, in its sole discretion, to other services. FODL is not responsible for the availability of these outside resources or their contents. FODL expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.

7.             LINKS TO THIS SERVICE. You may link to the Service provided that You do so in a way that indicates that the link is direct to a FODL Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.

8.             PASSWORDS; SECURITY. Registration by You as an authorized user for access to certain areas of the Service may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that FODL, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of FODL. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your Authorized User Credentials. FODL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. FODL reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.

9.             TERMINATION. These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Materials that You have granted to FODL; and (iii) FODL’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

10.         WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FODL AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. FODL DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. FODL DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT FODL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11.         OTHER DISCLAIMERS. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

12.         LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FODL OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT, OR ANY OF ITS THIRD PARTY CONTENT, EVEN IF FODL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF FODL AND ITS LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.

13.         RESERVED FOR LATER USE.

14.         DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. FODL is committed to complying with copyright and related laws, and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FODL to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to FODL by the copyright owner or the copyright owner’s legal agent.
If You feel that a posted message is objectionable or infringing, FODL encourages You to contact FODL immediately. Upon FODL’ receipt of a proper written notice of claimed infringement under the DMCA, FODL will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of FODL (i.e., the proper party) to whom You should address such notice is listed below.
If You believe that Your work has been copied and posted using the Service in a way that constitutes copyright infringement, please provide FODL' designated agent with a written communication containing the following information:

A.           an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;

B.            a description of the copyrighted work that You claim has been infringed;

C.            a description of where the material that You claim is infringing is located to permit FODL to locate the material;

D.           Your address, telephone number, and email address;

E.            a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F.            a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.

FODL's designated agent for notice of claims of copyright infringement can be reached as follows:

15.         INTERNATIONAL USERS. While all Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to Friends of Devil’s Lake State Park services and programs that are not in Your country. These references do not imply that Friends of Devil’s Lake State Park intends to announce or provide the programs, or services in Your country. FODL makes no representation that content or materials available on or through the Service are appropriate or available for use outside of the United States. If You access or use the Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

16.         MONITORING. FODL has the right, but not the obligation, to monitor the content of the Service (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms of Use and any operating rules established by FODL, and to satisfy any law, regulation or authorized government request. FODL has the right and sole discretion to edit, refuse to post, or to remove any Materials submitted to or posted on or within the Service, including, without limitation, the right to remove any Materials that FODL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

17.         INDEMNIFICATION. You agree to indemnify, defend and hold FODL and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service.

18.         PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, or information in the Service requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Service, You acknowledge and agree that Your use of the Service will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policies posted on the Service.

19.         TRADEMARK INFORMATION. The FODL name and logo are federally protected and registered marks of Friends of Devil’s Lake State Park and protected under United States Code, Title 18, Section 706. All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.

GENERAL. These Terms of Use are governed by and construed in accordance with the laws of the State of Wisconsin, as applied to agreements entered into and wholly performed within the State of Wisconsin between State of Wisconsin residents. Any action or proceeding brought by You or FODL shall be brought only in a court of competent jurisdiction located in the State of Wisconsin and You and FODL agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Use constitute the entire understanding and agreement between FODL and You with respect to the Service and any transactions contemplated in these Terms of Use, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend or alter in any way these Terms of Use. In the event any provisions of these Terms of Use are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by FODL to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.