Outdoor Specialty Media Group LLC (“THE COMPANY”, “WE” OR “US”)
THESE TERMS AND CONDITIONS (THE “TERMS“) ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT THE URL: www.outdoorspecialtymedia.com, www.nadeerhunter.com, www.nabowhunter.com, www.crossbowmagazine.com and www.northamerican-outdoorsman.com AS WELL AS ALL ASSOCIATED SITESS LINKED TO these Sites BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITES“). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITES” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITES (THE “SERVICES“) AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITES OR SERVICES FROM A MOBILE DEVICE (A “MOBILE APPLICATION“). BY USING THIS SITES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITES OR ANY INFORMATION CONTAINED ON THIS SITES. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS, AND IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO SUCH COMPANY OR OTHER LEGAL ENTITY.
“Subscriber” means an individual who completes THE COMPANY’s Premium Subscriber account registration process, or signs up to receive a regular email newsletter published by the Company.
“Outfitter” means a person or business entity who operates an outdoor adventure outfitting business.
“Outfitter Page” means an optional profile page held by an Outfitter which allows the creation of one or more Listings.
“Listing” means a description and offering of the products and services made available by Outfitter and posted on such Outfitter’s Outfitter Page.
“User” means any person, whether or not registered as a Subscriber, who uses or otherwise accesses any of the Sites for any reason.
“Sites” means any and all web sites created and maintained by the COMPANY
“Application” means the technology used to access the Sites via a mobile device
THE COMPANY may make changes to the content and Services offered on the Sites at any time. THE COMPANY can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on these Sites. By using this Sites after THE COMPANY has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites.
By using these Sites, you represent, acknowledge and agree that you are the age of majority in your jurisdiction of residence, or if you are not the age of majority but are at least 13 years old (a “Minor”), that you are using the Sites with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Sites and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless THE COMPANY if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Sites at any time or in any manner or submit any information to THE COMPANY or the Sites.
THE COMPANY provides content through the Sites that is copyrighted and/or trademarked work of THE COMPANY or THE COMPANY’s third-party licensors and suppliers or other users of the Sites (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, THE COMPANY hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use these Sites as authorized herein. Except for the foregoing license, you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Sites or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
THE COMPANY may make available Mobile Applications to access the Sites via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. THE COMPANY does not warrant that the Mobile Application will be compatible with your mobile device. THE COMPANY hereby grants to you a non-exclusive, non-transferable, revocable license to use a copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that THE COMPANY may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms, as from time to time updated, will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and THE COMPANY and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that THE COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and THE COMPANY only, and not with Apple, Inc. (“Apple”).
- Your use of THE COMPANY’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- THE COMPANY, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that THE COMPANY, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that THE COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of THE COMPANY’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that THE COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and THE COMPANY only, and not with Google, Inc. (“Google”).
- Your use of THE COMPANY’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. THE COMPANY, and not Google, are solely responsible for THE COMPANY’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to THE COMPANY’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to THE COMPANY’s Android App.
Using the Sites and the Services on the Sites.
You can simply search and view the Sites without the need to register for an account. You may also submit inquiries to various entities through the Sites without need to register for a Premium Subscriber Account.
However, in order to access certain password-restricted areas of the Sites and to use certain Services and Materials offered on and through the Sites, you must register with THE COMPANY for a Premium Subscriber account and create a password.
Account Registration and Security.
Currently, THE COMPANY may also provide you with the ability to register for a Premium Subscriber Account on the Sites using your existing account and log-in credentials (“Third-Party Sites Password(s)”) through the following Third-Party Sites (as defined below), which may change from time to time: Facebook. If you wish to use your Member Account to register as a Premium Subscriber you may be required to submit additional information to THE COMPANY for verification purposes. By doing so, you acknowledge and agree that THE COMPANY will use such information and other publicly and privately available information to verify your qualifications. THE COMPANY will decide, in its sole discretion, whether or not you qualify as an Premium Subscriber.
Outfitters and Guides may create an optional promotional page with THE COMPANY by submitting the following information through the Outfitter or Guide registration page on the Sites: business name, country, state or province, and business email. You will also have the ability to provide additional optional information, such as photos, a short description of the business, and Listings. Such optional information is not required on a page but may be helpful to THE COMPANY in providing you with a more customized experience when using the Sites or its Services, and will help other Site Users learn more about the products and services you offer. Once you have submitted your information, THE COMPANY administrator shall have the right to approve or reject the requested promotional page, in THE COMPANY administrator’s sole discretion. If approved, the Member associated with the promotional page account will serve as administrator of the linked page.
You are responsible for maintaining the confidentiality of your Site Password and any Third-Party Sites Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify THE COMPANY if any of your Passwords on this Sites is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Sites or if you know of any other breach of security in relation to this Sites.
All the information that you provide when registering for a Premium Subscriber account, and/or for creating a promotional page, through the Sites must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes using the profile editing tools or contacting THE COMPANY using the contact information at the end of these Terms requesting that we make the change.
Premium Subscriber Program
Manufacturers who participate in THE COMPANY’S Premium Subscriber program may have pages or listings on the Sites to advertise their programs and list items for sale to Premium Subscribers or Users.
If you decide to participate in programs listed on the Sites, you agree not to share your credentials for any such program with third parties or engage in any other activities that would permit third parties to benefit from any discounts offered to you as a participant in such Program. You also promise that any information you provide to THE COMPANY is true, accurate and will be kept up to date.
Each manufacturer is responsible for fulfillment of orders and provides its own shipping, returns and warranty terms. You must read and agree to all such terms before transacting any business with a manufacturer’s program or participating in the purchase of its products. THE COMPANY is NOT a party to any oral or written agreement or any other contract entered into between you and any other user of the Sites. Your interactions with individuals and/or organizations found on or through your participation in any programs, including the purchase of goods from or performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization.
You understand that THE COMPANY does not and cannot make representations as to the suitability of any individual or organization you may decide to interact with on or through the Sites and/or the accuracy or suitability of any advice, information, products or recommendations provided by any individual or organization.
IF THERE IS A DISPUTE BETWEEN USERS OF THE SITES, OR BETWEEN ANY USER OF THE SITES AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY AND THE COMPANY’S OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS/MANDATARIES, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITES OR ANY SERVICE PROVIDED THEREUNDER.
By subscribing to our Premium Subscriber service and paying the applicable fees, you become a “Subscriber” with access to certain password-restricted areas of the Sites and to use certain additional Services and Materials offered on and through the Sites (a “Subscription”). Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable.
When you sign up for a Premium Subscription, we will charge your credit card for your first fee on the date that we process the order for your Premium Subscription. Once your credit or debit card is charged the first Subscription fee, you will receive a confirmation e-mail notifying you of your ability to access those Subscriber-only portions of the Sites. Subject to applicable laws, THE COMPANY reserves the right to change prices for Subscriptions at any time, and (subject to applicable laws) does not provide price protection or refunds in the event of promotions or price decreases. THE COMPANY will notify you at least 30 days prior to any such changes and, if you do not agree to the new fees, you may cancel your Subscription at any time before the pricing takes effect.
IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, THE COMPANY will automatically renew your Premium Subscription on each monthly anniversary of the date that we charged your credit card for the first Premium Subscription fee. At such time (unless you have paid for a full year in advance), we will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payment. A receipt for such payment will be emailed to the account in our records that is associated with your Subscription.
You may cancel your Subscription at any time by contacting THE COMPANY at [email protected]; provided that (subject to applicable laws) any fees charged prior to the effective date of cancellation will not be refunded, in whole or in part. The only exception to this policy is that Premium Subscribers who have paid for a full year in advance and give at least 30 days’ notice of cancellation will be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current pre-paid term. The company requires a reasonable amount of time to process your cancellation request. If you cancel your Premium Subscription, you will enjoy your benefits until the expiration of the then-current Subscription term for which you have paid, and your Premium Subscriber benefits will expire at the end of the then-current term.
Products, Orders and Payment.
Although THE COMPANY strives at all times to maintain the accuracy of information maintained on this Sites, including pricing information and product details, occasionally the information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. In addition, manufacturers may make changes their products, so the product you receive may look different from the picture displayed on the Sites. THE COMPANY reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event that any product that is available through this Sites is mistakenly listed at an incorrect price or with other incorrect information, THE COMPANY reserves the right to either refuse or cancel the order or, where permitted by applicable law, to charge you the correct price.
If you select the appropriate option at the time you place your order, THE COMPANY will send an order acknowledgment to your designated e-mail address once you have placed an order. THE COMPANY reserves the right to refuse or cancel any orders (or portions thereof) for any reason (including due to product unavailability or pricing errors as noted above), and whether or not the order has been confirmed. Without limitation of the foregoing, THE COMPANY is not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and your order is cancelled by THE COMPANY, we will issue a credit to your credit card account in the amount charged. You agree that, if THE COMPANY cancels all or a part of your order, your sole and exclusive remedy is either that (a) THE COMPANY will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) THE COMPANY will not charge your credit card for the cancelled portion of the order.
You agree to pay all applicable fees related to your use of our Services, all of which are described fully on our payment page. All payments will be made in advance in US Dollars. We may suspend or terminate your Premium Subscriber Account and/or your access to our Services if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing your credit card information, you expressly authorize THE COMPANY and/or our third party payment processor to charge the applicable fees on said credit card as well as any Taxes (as defined below) and other charges incurred thereto at regular intervals, all of which depend on the products you purchase, your particular Subscription and Services you choose to utilize. You agree that we may invoice you any unpaid fees.
All prices and fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Sites and Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
By using the Sites and/or the Services provided on or through the Sites, you consent to receiving electronic communications from THE COMPANY. These electronic communications may include notices about applicable fees and charges, transactional information, promotions and other information concerning or related to the Sites and/or Services provided on or through the Sites.
These electronic communications are part of your relationship with THE COMPANY. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Role of THE COMPANY.
THE COMPANY provides a venue for third-party Users, and other Premium Subscribers to connect. You acknowledge and agree that THE COMPANY does not act as an insurer or contracting agent for or on behalf of you, as a User of the Sites, or otherwise. Any manufacturers’ terms or other agreement entered into between you or other User of the Sites will be between you and such other party, and THE COMPANY will not be a party to any such agreement, whether initiated through the Sites or otherwise. As a result, THE COMPANY has no control over the quality, safety, or legality, of any products or services offered to provide products or services to the satisfaction of Premium Subscribers or Users. THE COMPANY is not responsible for the actions of any manufacturer, Premium Subscriber, or User. THE COMPANY does not conduct any screening or verification with respect to Premium Subscribers or Users, nor does THE COMPANY provide any recommendations. You use the Sites at your own risk, whether as a Premium Subscriber, User, or otherwise.
Links to Third-Party Sites.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, Listings and other content or material that you submit, upload, post or otherwise make available on or through the Sites, whether on your profile page or otherwise (each a “Submission”). You may not upload, post or otherwise make available on this Sites any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from, arising out of, or related to any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Sites.
When you provide Submissions, you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require THE COMPANY to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Sites and/or the services, you agree not to:
- Violate any local, state, provincial, national, or other law or regulation, or any court order, including within limitation, local professional licensing restrictions and tax regulations.
- Use the Sites for any purposes that are not expressly permitted by these Terms.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Sites or to monitor or copy any of material, information or data on the Sites.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Create an Outfitter Page for any Outfitter without appropriate authorization from such Outfitter.
- Offer, as an Outfitter, any services or products through the Sites whether by Listing or otherwise that you are not legally permitted to offer.
- As an Outfitter, create or post any Listing containing false or misleading information or any pricing information or payment terms that you do not intend to honor.
- Utilize the Sites in any way to solicit, entice, encourage or intentionally influence, or attempt to solicit, entice, encourage or influence any Member or Outfitter to join third party services or Websites that are competitive to THE COMPANY without THE COMPANY’S express written consent.
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself of your affiliation with any person or entity.
- Alter the opinions or comments posted by others on this Sites.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. THE COMPANY reserves the right to (a) terminate access to your account and your ability to post to this Sites and (b) refuse, delete or remove your profile and any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that THE COMPANY determines is inappropriate or disruptive to this Sites or to any other user of this Sites. THE COMPANY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at THE COMPANY’s discretion, THE COMPANY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Sites or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Sites may violate certain laws and regulations.
You agree to indemnify and hold THE COMPANY and its officers, directors, employees, affiliates, agents/mandataries, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) THE COMPANY or any other indemnified party suffers in relation to, arising from, or in connection with (i) your Submissions or your access to or use of the Sites or Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.
Guidefitter is a trademark of THE COMPANY in the United States and other countries. Other trademarks, names and logos on this Sites are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Sites, including documents, services, Sites design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Guidefitter, Inc., Copyright © 2022 Guidefitter, Inc.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Sites and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Intellectual Property Infringement.
THE COMPANY respects the intellectual property rights of others, and we ask you to do the same. THE COMPANY may, in appropriate circumstances and at our discretion, terminate service and/or access to this Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide THE COMPANY’s designated agent the following information:
- 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 and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Sites are covered by a single notification, a representative list of such works at that Sites.
- Identify the date and time of the alleged infringement.
- Describe your interest or rights with respect to the work(s) claimed to have been infringed.
- 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 at the Sites, and information reasonably sufficient to permit THE COMPANY to locate the material.
- Identify the location data for the electronic location to which the alleged infringement relates.
- Information reasonably sufficient to permit THE COMPANY to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE COMPANY’s agent for notice of claims of copyright or trademark infringement on this Sites can be reached as follows:
9 Albany Street suite 2E
Cazenovia, NY 13035
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receiving a notice of claimed infringement that complies with the requirements set out above, and upon payment of any fee that we may lawfully charge, we will forward the notice to the location you have provided (or, if we are unable to forward it, we will inform you of the reasons).
We also reserve the right to remove or disable access to copyright-protected material that you provided, if such removal is pursuant to a valid infringement notice that we have received and is otherwise required or permitted by applicable law. If you receive such notice from us, you may provide us with a counter-notification in writing to THE COMPANY designated agent that includes all of the following information:
- 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 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 THE COMPANY may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
THE COMPANY reserves the right, in its sole discretion, to terminate the account or access of any user of our web Sites and/or service who is the subject or repeated DMCA (Digital Millennium Copyright Act) or other infringement notifications.
Disclaimer of Warranties.
THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW SOME OR ALL OF THE FOLLOWING: THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS CONTAINED IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Your use of this Sites is at your own risk. The Materials, including Submissions and Third Party Content, have not been verified or authenticated in whole or in part by THE COMPANY, and they may include inaccuracies or typographical or other errors. THE COMPANY does not warrant the accuracy of timeliness of the Materials contained on this Sites. To the maximum extent permitted by applicable law, THE COMPANY has no liability for any errors or omissions in the Materials, whether provided by THE COMPANY, our licensors or suppliers or other users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITES, THIRD PARTY PRODUCTS PURCHASED VIA THE SITES, THE SERVICES, ANY OTHER USERS OF THE SITES, INCLUDING BUT NOT LIMITED TO ANY INDUSTRY PROFESSIONALS OR OTHER MEMBERS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITES, ANY THIRD PARTY PRODUCTS PURCHASED VIA THE SITES, THE MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS CONTAINED IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, DOWNLOADING ANY MATERIALS TO OR FROM THIS SITES, PURCHASING PRODUCTS VIA THE SITES, OR OTHERWISE USING THE SITES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
THE COMPANY controls and operates this Sites from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Sites outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to THE COMPANY, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Sites or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign to THE COMPANY all right, title, and interest in, and waive all moral rights in, and THE COMPANY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that THE COMPANY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.