A. Your Acceptance
B. General Use of the Website — Permissions and Restrictions
- You do not collect any personally identifiable information of others, including user names or email addresses, from the Website unless an individual provides you with his/her personally identifiable information through his/her blog posting.
- You do not use the Website for any commercial purposes unless authorized by Sportsman Fulfillment in its sole discretion. You agree not to transmit or otherwise make available on the Website any unsolicited advertising, promotional information, or other solicitation unless authorized by Sportsman Fulfillment in its sole discretion. You agree not to transmit bulk-email. You agree not to solicit, for commercial purposes, any users of the Website with respect to their comments.
- You do not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Sportsman Fulfillment servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Sprtsman Fulfillment grants the operators of public search engines permission to use spiders to copy materials from the unrestricted portion of the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sportsman Fulfillment reserves the right to revoke these exceptions either generally or in specific cases.
- You do not transmit or otherwise make available any content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You do not alter or modify any part of the Website, other than posting requested member information such as photographs or blogs.
- You do not circumvent, disable or otherwise interfere with security-related features of the Website or our sites or servers (or networks connected to our Website).
- You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Website or its communication systems.
- You do not transmit or otherwise make available on or through the Website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by Sportsman Fulfillment.
- Sportsman Fulfillment reserves the right to change or discontinue any aspect of the Website at any time, for any reason, and without notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.
- Sportsman Fulfillment reserves the right to suspend or terminate a user’s access to the Website, without prior notice and at Sportsman Fulfillment sole discretion.
- This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the Website.
C. Sportsman Fulfillment Registered User Accounts
In order to access some features of the Website, such as, for example, interactive blogs, you have to become a Registered User, which will also create a user account. As a Registered User, you agree to be bound by the following terms:
- When creating or modifying your account, you must provide accurate, current, and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You must notify Sportsman Fulfillment immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
- As a Registered User you may submit photographs or comments on Sportsman Fulfillment blogs or other material (collectively, “User Content”) to the Website. Sportsman Fulfillment reserves the right, but does not assume the obligation, to delete, move, condense, or edit such User Content for any reason and without prior notice. Sportsman Fulfillment also reserves the right to suspend or terminate a Registered User’s access for posting User Content.
- You retain all of your ownership rights in your User Content. However, by submitting User Content to Sportsman Fulfillment, you hereby grant Sportsman Fulfillment a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual, and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name) in any medium in connection with the activities and operations of Sportsman Fulfillment, its affiliated entities and successors. You also hereby grant each user of the Sportsman Fulfillment Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, and distribute such User Content for such user’s personal, non-commercial purposes. You understand and agree that Sportsman Fulfillment may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the Website. The above licenses granted by you are perpetual and irrevocable.
- Sportsman Fulfillment does not endorse, authorize or ratify any User Content, or any opinion, recommendation, or advice expressed therein, and Sportsman Fulfillment expressly disclaims all liability in connection with User Content. Sportsman Fulfillment does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sportsman Fulfillment reserves the right, but does not assume the obligation, to remove any content from the Website if notified that such content infringes on another’s intellectual property rights.
E. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on the Sportsman Fulfillment Website.
- The Website is made available for your personal, non-commercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the Website; and you may forward Website materials to others for personal, non-commercial uses that are reasonably related to the Website’s purposes.
- You understand that when using the Sportsman Fulfillment Website, you will be exposed to Sportsman Fulfillment Content, User Content, and other third-party content from a variety of sources, and that Sportsman Fulfillment makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such Sportsman Fulfillment Content, User Content, or other third-party content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sportsman Fulfillment with respect thereto.
F. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Sportsman Fulfillment Content or User Comment infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Sportsman Fulfillment Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work 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 and information reasonably sufficient to permit Sportsman Fulfillment to locate the material;
- 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 owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
- Your name, mailing address, telephone number, and e-mail address; and
- A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
G. Warranty Disclaimer
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE SPORTSMAN FULFILLMENT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSMAN FULFILLMENT AND ITS AFFILIATED ENTITIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS THEREOF (COLLECTIVELY, THE “SPORTSMAN FULFILLMENT PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SPORTSMAN FULFILLMENT PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. NOR DO THE USA PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SPORTSMAN FULFILLMENT PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPORTSMAN FULFILLMENT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
H. Limitation of Liability
IN NO EVENT SHALL THE USA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
You and Sportsman Fulfillment agree that any cause of action arising out of or related to the Sportsman Fulfillment Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.