Terms and Conditions
Welcome to the Internet site of Outfitters Guide Television, LLC (OGTV), which includes Outfitters Guide Tv.com, End of Fall Productions, LLC, Reflections Media Group, LLC and other associated sites including but not limited to YouTube, Facebook and Twitter, Outdoor Hub, Carbon TV, Vimeo.
USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on OGTV, LLC Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the OGTV, LLC Sites or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any OGTV, LLC Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the OGTV, LLC Site, except that where a OGTV, LLC Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of OGTV, LLC Sites is prohibited.
In the event that we offer downloads of software on a OGTV, LLC Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a OGTV, LLC Site for our review or display and possible specifically-defined consideration (such as entries into the viewer dream hunt, prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any OGTV, LLC Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any OGTV, LLC Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on OGTV, LLC Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
To the extent that any Submissions you Distribute on or through OGTV, LLC Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through OGTV, LLC Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on the OGTV, LLC Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Dream Hunt Submission Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com, of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any OGTV, LLC Site. In addition, you agree to exit from your account at the end of each session.
PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any OGTV, LLC Site that offers the opportunity for users to Distribute Submissions for viewing by one or more OGTV, LLC Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any OGTV, LLC Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
RULES OF CONDUCT
The following Rules of Conduct apply to the OGTV, LLC Sites. By using the OGTV, LLC Sites, you agree that you will not Distribute any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any person or entity; is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; infringes or violates any right of a third party including:
(a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
(b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
(c) any confidentiality obligation; is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); contains a virus or other harmful component, or otherwise tampers with, impairs or damages the OGTV, LLC Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the OGTV, LLC Sites; or
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum;
(b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
(c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
COOPERATION; REMOVAL OF SUBMISSIONS
CONTENT ACCESSIBLE THROUGH LINKS FROM END OF FALL, LLC, OUTFITTERS GUIDE TELEVISION (OGTV) AND REFLECTIONS MEDIA (RMG) SITES AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO END OF FALL, LLC SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY END OF FALL, LLC SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY END OF FALL, LLC SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on an OGTV, LLC Site is strictly at your own risk.
OGTV, LLC Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of OGTV, LLC Sites are intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the OGTV, LLC Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OGTV,LLC SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A OGTV,LLC SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY OGTV, LLC SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO END OF FALL, LLC SITES OR CHANGE THE OGTV, LLC SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
JURISDICTIONAL AND VENUE ISSUES
Supply of goods, services and software through OGTV, LLC Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through OGTV, LLC Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through OGTV, LLC Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Dream Hunt / Adventure Rules, REGULATIONS, FEES, REFUNDS & DREAM HUNT / ADVENTURE RULES, REGULATIONS, FEES, REFUNDS & CANCELLATION POLICY:
Every year, Reflections Media Group, LLC (RMG) End of Fall Productions, LLC (EOF) will select two hundred (200) applicants from thousands of website submissions that are reviewed by pro staff for participation in a dream hunt / Adventure. Submission for a dream hunts / adventures allows for a chance to appear on the TV series The Outfitters Guide.
Submissions for School of Hunt, Women in the Wild and Operation Rally Point participation are subject to these rules, regulations, fees, refunds and cancellation policies unless otherwise stated. Additional terms for participation in School of Hunt, Women in the Wild and Operation Rally Point may be enforced prior to any participant’s selection for any submission.
Please be advised that you must meet the following eligibility requirements (which may be changed) at any time by RMG or EOF in order to submit a Dream Hunt / adventure, School of Hunt, Women in the Wild or Operation Rally Point submission.
SUBMISSION AND CANCELLATION POLICY
- Applicant must be 18 years of age or older / or acting under permission and / or direction of legal guardian.
- Applicant must declare citizenship and be a legal citizen of that declared country.
- Applicant must be able and eligible to take a hunter education / certification course as required for participation in the dream hunt / adventure at applicant’s expense.
- Applicant must have or be eligible to obtain proper licenses and tags issued by the State / Government for all game / fish / activities pursued.
- Applicant must be proficient / willing to learn to be proficient with the handling and shooting of firearms, archery equipment or weapon / tool required for dream hunt / adventure.
- Applicant must be legally eligible to participate in submitted dream hunt / adventure.
- Applicant cannot be party to any pending criminal / civil charges that could affect the eligibility or availability to participate in submitted dream hunt / adventure.
- Applicant cannot be on supervised release, parole or probation for any offense.
- Applicant must have a valid passport(s) prior to submitting any international dream hunt / adventure.
- Applicant agrees not to use, distribute or possess any illegal narcotics or substances.
- Applicant must be free from any physical or mental conditions and/or any other restrictions that would in any way make it unlawful or otherwise impermissible for Applicant to possess, use, operate or have under Applicant’s custody or control any firearm or other weapon under any applicable laws, rules, regulations and/or ordinances, without limitation, which specifically requires without limitation that Applicant must not be addicted to the use of any narcotic drug.
- The Applicant identified on the submission and who uploads the Submission will be deemed the Applicant (“Applicant”). The Applicant is the one (1) person who owns the email address associated with the submission. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. OGTV, LLC, affiliated parties nor any of our sponsors are liable for any disputes between collaborators arising under or related to the Contest.
- Each individual Applicant is allowed to submit one dream hunt / adventure per submission / per year.
- Limit one (1) submission per person, household and/or email address throughout the submission period.
- Each Submission must comply with the Web Site and End of Fall terms of service, as well as these Official Rules. In the event of any inconsistency between these Official Rules and the Terms of Service of OGTV, LLC, the terms in these Official Rules shall prevail.
- Each Submission must not contain any copyrighted works (other than as owned by the Applicant). You may not include any music that is not owned in its entirety by the entrant. Use of any unauthorized music may result in disqualification of Submission, in Sponsor’s sole discretion.
- All selected Applicant’s, their guests, and all people who appear on camera must sign a release giving OGTV, LLC and the Outfitters Guide Television Series permission to use their likenesses on television.
- Applicants submissions who are chosen for episode production must agree to following terms in addition to those previously disclosed;
- Selected applicant(s) are responsible for all required travel to and from specified location of dream hunt / adventure and associated costs.
- Selected applicant(s) are responsible for all fee’s associated with licenses, permits, visas, shipping, transportation, person care, medical expenses, non adventure specific lodging, meals and personal needs or requirements.
- Selected applicants are responsible for all costs associated with dream hunt / adventure that are not specific to a guided hunt or those costs specifically outlined by OGTV, LLC.
- Selected applicants with disabilities must be capable of self care or supply professional care at applicants cost.
- Selected applicants must provide current health insurance that provides coverage in dream hunt / adventure location and / or selected applicant must purchase insurance that provides adequate insurance during dream hunt / adventure through Medjet or similar service.
- Selected applicants are not allowed to pay, tip, or compensate any End of Fall staff or Outfitters Guide pro staff.
- Selected applicants agree to use, wear and actively promote all sponsor provided items during dream hunt.
- Selected applicants may receive one time “proform” discounts on selected sponsor products for purchase and personal use.
- Selected applicants will be required to sign a release of liability due to the inherent dangers of submitted dream hunt / adventure.
- Selected applicants agree to appear and perform as required to meet the demands of producers of applicant’s specific episode.
- Selected applicant agrees to liable damages if applicant fails to meet required obligations as outlined by producers.
- OGTV, LLC has full rights to end, cancel, postpone, delay, change any production, dream hunt, or shoot without prior notice or indication. All expenses incurred by applicant are non-refundable and OGTV is not liable for any losses or refunds to applicant.
- Applicant agrees not to submit any dream hunt / adventure application if they do not agree or meet the eligibility requirements.
- Selected applicants agree not to promote, show, use, display, discuss, describe, or in anyway market any service, product, design, idea or business not specifically approved by OGTV, LLC.
- Selected applicants will be contacted and must agree to the hunt dates, schedule, location and terms before announcement of dream hunt / adventure episode winners.
- Thank you for your dream hunt / adventure submission. OGTV, LLC and Outfitters Guide Television strives to provide the highest quality television entertainment experience and will evaluate all submissions based on entertainment value, uniqueness of dream submission, any special circumstances surrounding the dream or submission characters and the hunt / adventure value of the submission.
- All submission will be reviewed by OGTV, LLC staff and the Outfitters Guide Television Pro Staff. The 200 submissions for episode consideration will be announced by July 10 of the submission year.
- All submissions must be received by May 1 for consideration of that broadcast year. The only exception is if the submission applicant drew a limited entry once in a lifetime permit in a lottery application and the applicant’s notification of successful drawing was after the May 1 deadline. We encourage all successful lottery tag applicants to submit your dream hunt for consideration.
- Applications are accepted for any adventure, as long as it is in the outdoor hunt / fish / shoot / dive / adventure genera.
CLAIMS OF COPYRIGHT INFRINGEMENT
- We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
- Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
- Notification must be submitted to the following Designated Agent: Service Provider: OGTV, LLC
- Name of Agent Designated to Receive Notification of Claimed Infringement: OGTV
- Full Address of Designated Agent to Which Notification Should be Sent: OGTV, P.O. Box 160336, Clearfield, Utah 84016
- Telephone Number of Designated Agent: 801-663-3075
- Facsimile Number of Designated Agent: 801-663-3075
- E-Mail Address of Designated Agent: firstname.lastname@example.org
- To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of 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 site are covered by a single notification, a representative list of such works at that site;
- 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 us to locate the material;
- Information reasonably sufficient to permit us 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; and
- 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.
- We may give you notice that we have removed or disabled access to certain material by means of a general notice on any OGTV, LLC Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which OGTV, LLC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.