InterMedia Outdoors Website Terms and Conditions
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ACCEPTANCE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE
WEBSITES. BY USING THIS WEBSITES, YOU AGREE TO BE LEGALLY BOUND BY THESE
TERMS AND CONDITIONS AND AGREE TO OUR
PRIVACY POLICY. These terms and conditions may be changed in the
future without further notice. Please check this page for periodic
changes. Continued use of these websites after any such revision or
modification constitutes your acceptance of the terms and conditions as so
revised or modified. Further, these terms and conditions apply exclusively
to your access to, and use of, these websites (and the websites of
InterMedia's affiliates, together collectively referred to as
"InterMedia"), supersede all prior or contemporaneous agreements and
understandings with respect to these websites, and do not alter in any way
the terms or conditions of any other agreement you may have with
InterMedia for publications, products, services, or otherwise.
Questions or comments about these websites may be directed to
InterMedia's Webmaster
webmaster@intermediaoutdoors.com.
WEBSITE ACCESS
You agree to comply with all of these terms and conditions, and all
applicable laws, regulations, and rules when you use InterMedia's
websites. InterMedia's websites are provided only for your personal,
non-commercial use. InterMedia may deny your access to these websites
and pursue any available legal remedies if it determines, in its sole
discretion, that you have breached any of these terms and conditions,
including, but not limited to, any act which infringes or violates the
rights of others.
These websites are controlled, maintained and operated by
InterMedia, at least in part, by personnel and equipment located in New
York, New York, USA. While InterMedia endeavors to provide accurate and
timely information, there may be inadvertent technical or factual
inaccuracies or omissions and typographical errors, for which we
apologize. We reserve the right to make changes and corrections at any
time, without notice.
CHILDREN
Our websites are not for use by minors. We offer products and
services that may be appropriate for minors, but if you are under the
age of 18 you may use our websites only with the involvement of a parent
or guardian.
FORUMS AND BULLETIN BOARDS
These websites provide registered Members with access to interactive
forums, bulletin boards, and discussion boards (collectively, "the
Forums") that are operated and maintained by InterMedia. To become a
Member, you must be at least 18 years old and complete the applicable
on-line registration forms. You
agree that all information provided on your registration form is
accurate. You acknowledge and agree that InterMedia may, in its sole
discretion and with or without any notice to you, suspend or discontinue
your current or future access to the Forums.
The Forums are subject to modification or discontinuation at any
time and from time to time without notice or obligation to you.
Without limiting the foregoing, InterMedia reserves the right, in its
sole discretion, to charge fees for the use or purchase of, or access
to, the Forums, at any time and from time to time, regardless of whether
the Forums were previously offered at no charge.
The Forums accessible through InterMedia's websites are provided
only for Members' personal use and convenience and may be used to post
questions, comments, suggestions, ideas, text, discoveries, plans,
notes, drawings, images, graphics, links, photographs, audio or video
files, original or creative materials, or other information or materials
relevant to a prescribed topic (collectively, "User Material"). You may
only post User Material for which you have the right to use, disclose,
copy, display and license or sublicense, in accordance with all
applicable laws and regulations. You further agree that you will not use
the Forums, or the systems or services on which the Forums are hosted,
to:
- submit, display or transmit any User Material in violation of any
proprietary rights of, or your contractual obligations to, any third
party, or in violation of applicable laws, rules and regulations;
- submit, display or transmit any commercial messages, duplicative
messages, promotions, advertisements, surveys, contests, chain letters,
pyramid schemes, or the like;
- forge headers, create a false identity or otherwise manipulate
identifiers in order to deceive others or disguise the origin of any
User Material;
- threaten, defame, abuse, assault, stalk, harass or otherwise
violate the rights of any other person or entity including, without
limitation, rights of privacy or publicity;
- publish, post, display or disseminate any knowingly untrue,
profane, obscene, indecent, unlawful, terrorist, violent or hateful User
Material;
- collect, store, publish, post, sell, transmit or disclose personal
data about other persons, transmit unsolicited commercial email to other
persons, or use the Forums to disclose or sell personal data about
Members or non-Members;
- upload or otherwise transmit files that contain viruses, worms,
Trojan horses, malicious code, spyware, adware, sniffers, corrupted
files or similar software or programs;
- restrict or prevent any other Member from using the Forums; or
- create or disseminate a negative thread about an individual or
individuals.
Except as provided in a separate written agreement between you and
InterMedia, you agree that all User Material that you submit to the
Forums are non-confidential and InterMedia shall be entitled to
unrestricted use of such User Material. As such, InterMedia is granted
a perpetual worldwide, fully paid, non-exclusive right, including any
moral rights and with unfettered rights of assignment, and license to
make, use, offer for sale, sell, distribute, reproduce, modify, adapt,
publish, translate, create derivative works from, communicate to the
public, perform, and display, in whole or in part, and/or to incorporate
it in any other works in any form, media, or technology now know or
later developed, for the full term of any rights that may exist in any
such User Material, without any obligation of accounting.
InterMedia is not be responsible for, and disclaims all liability in
connection with use of any User Material submitted, posted or display
on the Forums. You should use caution when posting User Material, or any
other information, including but not limited to personally identifiable
information, to the Forums.
You agree that you will not access or attempt to access any systems
or servers on which the Forums are hosted or modify or alter the Forums
in any way.
CONFIDENTIALITY
"Confidential Access Information" includes any login, identifier or
password. You acknowledge and agree to maintain the confidentiality of
all Confidential Access Information, and you may not disclose such
Confidential Access Information to any other person or entity, or permit
any other person or entity, whether or not a Member, to access the
Forums. You also agree to notify InterMedia immediately of any
unauthorized use of any Confidential Access Information or any other
breach of security of which you are aware. You may not use any
Confidential Access Information that is not issued directly to you or
approved by InterMedia.
MONITORING
InterMedia has no obligation to monitor User Material posted to
these websites or the Forums. However, InterMedia reserves the right to
review User Material, and to remove, delete, redact or otherwise modify
such, in InterMedia's sole discretion and for any reason whatsoever, at
any time and from time to time, without notice or further obligation to
you. InterMedia has no obligation to display or post any User Material
provided by you. InterMedia reserves the right to disclose, at any time
and from time to time, any User Material posted or provided to these
websites or the Forums that InterMedia deems necessary or appropriate to
satisfy any applicable law, regulation, contract obligation, legal or
dispute process or government request.
LICENSE
By submitting, uploading or posting User Material to these websites
or the Forums, you grant InterMedia permission to use such User
Material, and grant to us the worldwide, non-exclusive, irrevocable,
royalty-free right to use, copy, distribute, publish, display, transmit,
transfer, modify, translate and reformat such materials, publish your
screen name in connection with your User Material and sublicense such
User Material to any of InterMedia's affiliates or service providers or
any third party. You acknowledge and agree that you are not entitled to
receive any compensation for any User Material.
In addition, you represent and warrant that: (i) you own, or
otherwise have the license, permission, consent, or other requisite and
sufficient legal right to submit any User Material submitted by you;
(ii) you will not submit, without legal permission or authorization any
User Material that is subject to any copyright or other proprietary
right of any third party; and (iii) you have all necessary consents
and/or waivers of any rights of privacy or publicity associated with
such User Material.
INTELLECTUAL PROPERTY RIGHTS
Copyright Infringement. Any copyright owner or authorized
agent who believes that any materials, information or text displayed on
these websites or the Forums infringes their copyrights, may submit a
notification pursuant to the U.S. Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent, Copyright Agent,
InterMedia Outdoors, 512 Seventh Ave, 11th Floor, New York,
NY 10018, with the following information in writing:
- 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 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 InterMedia to locate the
material;
- information reasonably sufficient to permit InterMedia to
contact the copyright owner or its agent, such as an address,
telephone number, and, if available, an electronic mail
address;
- a statement that the copyright owner 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 complainant is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Please note that only DMCA notices should go to InterMedia's
Copyright Agent. Any other feedback, comments, requests for technical
support, and other communications should be directed to InterMedia's
Webmaster
webmaster@intermediaoutdoors.com. You acknowledge that if
you fail to comply with all of the requirements of this section, your
DMCA notice may not be valid.
Trademarks. "InterMedia Outdoors" and InterMedia's products
and services described in these websites are either trademarks or trade
names of InterMedia and its licensors, or are the property of their
respective owners. These marks may not be copied, imitated, or used, in
whole or in part, with the express prior written permission of
InterMedia. In addition, page headers, custom graphics, button icons,
and scripts, may be service marks, trademarks, or trade dress of
InterMedia, and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of InterMedia.
COMMERCIAL USE NOT PERMITTED
No commercial use of the information on or under these websites is
licensed or permitted. For example, the use of automated systems (e.g.,
robots, spiders, or other information scrapers) to access, acquire, or
download information on these websites is expressly prohibited.
Notwithstanding the foregoing, the use of reputable commercial spider
engines that crawl the website for purposes of building or maintaining
standard, publicly-available search engine indices (such as those
maintained by Google and Yahoo!) are permitted. In addition, the
collection of any information from these websites, including any email
address or other personally identifiable information of users is
prohibited.
DISCLAIMERS, WARRANTIES, AND LIMITATIONS OF LIABILITY
Disclaimers.INTERMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR
SUITABILITY OF THE INFORMATION OR USER MATERIAL, HYPERLINKS OR WEBSITES
ACCESSIBLE BY HYPERLINKS FROM THESE WEBSITES, OR OTHER MATERIALS
CONTAINED ON THESE WEBSITES OR IN THE FORUMS. YOU MAY NOT RELY ON ANY
MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR INTERMEDIA.
INTERMEDIA DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION
CONTAINED ON THE FORUMS. OUR WEBSITES, THE FORUMS, AND ALL INFORMATION
AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON
AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, INTERMEDIA DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND
MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM
COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS,
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO
INTERMEDIA THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS
UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.
Limitation of Liability. INTERMEDIA, ITS AFFILIATES, AND ITS
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS
AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION
WITH WEBSITE CONTENT, AND/OR ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER
MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE,
OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE
FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE
FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless InterMedia, its
affiliates, and its and their respective officers, directors, employees,
agents, suppliers, licensors and third party partners from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from your use of the websites and/or Forums,
including, without limitation, in connection with any User Material,
submitted, posted or displayed by you on the Forums, or any violation by
you of these website terms, any applicable law or any rights of another
person or entity.
DISPUTE RESOLUTION
If any controversy, dispute or claim arises out of or related to
your use of InterMedia's websites, the Forums, or any User Material
posted on or submitted to InterMedia's websites or the Forums, the
dispute shall be settled by arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. Notwithstanding the foregoing,
InterMedia reserves all rights to petition any court of competent
jurisdiction for the entry of injunctions and orders for specific
performance relating to unauthorized use, modification, copying,
distribution, transmission, display, performance, reproduction,
publication, license, creation of derivative works, transfer or sale of
the User Material, breach of your confidentiality obligations, or any
other violations hereunder.
EXCLUSIVE JURISDICTION, GOVERNING LAW
Except as otherwise expressly provided, the exclusive venue for all
litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings initiated in
connection with these websites, the Forums and/or the User Material or
their use is New York, New York, USA. These website terms and the
relationship between you and InterMedia will be governed by the laws of
the State of New York, USA, without giving effect to principles of
conflict of laws of any jurisdiction. If any part of these website terms
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of these website terms shall continue in effect.
MISCELLANEOUS
Use of these websites or the Forums is unauthorized from any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including, without limitation, this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and InterMedia as a result of these website terms,
InterMedia's Privacy Policy, or use of the Forums. InterMedia's
performance of these website terms is subject to existing laws and legal
process, and nothing contained in these terms or InterMedia's Privacy
Policy is in derogation of InterMedia's right to comply with law
enforcement requests or requirements relating to your use of these
websites, the Forums, or information provided to or gathered by
InterMedia with respect to such use. These terms and the other documents
referenced herein constitute the entire agreement between you and
InterMedia with respect to these websites and the Forums, and they
supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and InterMedia with
respect to InterMedia's websites or the Forums. A printed version of
these terms and of any notice given in electronic form shall be
admissible in judicial, arbitration or administrative proceedings based
upon or relating to these website terms to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
Notwithstanding any of these terms, InterMedia reserves the right,
without notice and in its sole discretion, to terminate your license to
use these websites or the Forums, and to block or prevent future access
to the same.
Last updated July 23, 2007
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