Terms of Use
MyOutdoorTV, LLC. ("MyOutdoorTV"), on behalf of MyOutdoorTV-
outdoor television, provides you access to the myoutdoortv.com
web site (the "Site") and the information and other materials available
on and through the Site, subject to your compliance with the terms and conditions
set forth below (the "Terms of Use"). If you do not agree with any
of the Terms of Use, DO NOT USE THIS SITE. Your continued use of this Site evidences
your agreement to be bound by each of the Terms of Use and constitutes a legally
binding contract between you and MyOutdoorTV.
THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR
USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION
OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT MyOutdoorTV TO ANY
REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
INTELLECTUAL PROPERTY
All text, graphics, multimedia content or other material available from the
entry point URL http://www.myoutdoortv.com
and pages within that domain and all related code, including but not limited
to films, images, text, ideas, graphics, logos, icons, layouts, arrangements,
displays, illustrations, audio and video clips, HTML, other mark-up languages,
and all scripts and software within this Site ("Material(s)") are
the property of MyOutdoorTV and/or its affiliates or licensors and are protected
by copyrights and other proprietary intellectual property rights that are owned
or controlled by MyOutdoorTV or by other parties that have licensed their Material
to MyOutdoorTV. Material from the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed,
or in any way commercially exploited in whole or in part except that you may
download one copy of the Materials on any single computer for your personal,
noncommercial use, and one single permanent copy to be used by you, provided
you keep intact any copyright and other proprietary notices on the Materials
and do not modify the Materials in any way. You must obtain the prior written
consent of MyOutdoorTV for any other use of the Materials. Modification of the
Materials or use of the Materials for any other purpose is a violation of copyright
and other proprietary rights and the use of any of the Material on any other
Web site or computer environment is strictly prohibited.
TRADEMARKS
"MyOutdoorTV", the "MyOutdoorTV logo," and MyOutdoorTV's other common law and registered
service and trademarks (Marks) which may appear on the Site, are the service
and trademarks of MyOutdoorTV. All other trademarks, service marks and logos used on
this Site, with or without attribution, are the trademarks, service marks or
logos of their respective owners. In addition, elements of the Site are protected
by trade dress and other federal and state intellectual property laws and may
not be copied, reproduced, downloaded, or distributed in any way in whole or
in part without the express written permission of MyOutdoorTV.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer
products and/or services for sale ("Linked Sites"). You acknowledge
and agree that MyOutdoorTV has no responsibility for the accuracy or availability of
information provided by Linked Sites. Links to Linked Sites do not constitute
an endorsement by MyOutdoorTV of the sponsors of such Linked Sites or the content, products,
advertising or other materials presented on the Linked Sites. MyOutdoorTV does not author,
edit or monitor these pages or links. You acknowledge and agree that MyOutdoorTV is not
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods, or services available on the Linked Sites or resources.
MYOUTDOORTV WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES
OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION
PROVIDED ON THE LINKED SITES. MYOUTDOORTV IS NOT AND WILL NOT BE RESPONSIBLE
FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD
PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR
PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY
OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF
SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF
ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT
OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION,
ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY
OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE MYOUTDOORTV
(AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS
AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED
AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES
TO THE FULLEST EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT
MyOutdoorTV respects others' intellectual property rights and has made every effort
to secure appropriate clearances for all proprietary intellectual properties
that MyOutdoorTV directly makes available on the Site. However, if you believe any Material
on the Site, either posted by MyOutdoorTV, our users or any other party, is infringing,
please contact MyOutdoorTV at the address below. Pursuant to the Digital Millennium Copyright
Act, MyOutdoorTV has registered an agent to receive copyright infringement claims.
You may notify MyOutdoorTV of alleged intellectual property rights infringement by contacting
our Designated Agent at:
277 Mallory Station Rd., Suite 115
Franklin, TN 37067
(615) 261-1346
(206) 457-6736 (f)
E-mail:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Infringement notices addressed to MyOutdoorTV's Designated Agent need to include the
following information so that MyOutdoorTV can locate the Material and properly process
the request:
1.An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest in the
Material;
2.a description of the copyrighted work or other intellectual property that
you claim has been infringed;
3.a description of where the Material that you claim is infringing is located
on the Site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use
of the Material is not authorized by the copyright or intellectual property
owner, its agent, or the law; and
6.a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
USER CONDUCT AND SUBMISSIONS
In order to access and use the Site, you agree that you will not: (1) reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any portion
of the Site; or (2) use MyOutdoorTV's name, URL, trademarks, server, or other materials
in connection with, or to transmit, any unsolicited communications or "spam."
For the purposes of this agreement, "spam" has the meaning generally
understood among Internet users.
You may not post, upload, or transmit to the Site or to the MyOutdoorTV servers any
communications, text, graphics or other information (collectively, "Unauthorized
Content") that: (1) is obscene, fraudulent, indecent, or that defames,
abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses,
worms, time bombs, cancelbots, or other disabling devices or other harmful component
intended to or that may damage, detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data, or personal information; (3) advocates
or encourages any illegal activity; (4) infringes on the copyright, patent,
trademark, trade secret, right of publicity, or other intellectual property
or proprietary right of any third party; (5) violates the privacy of individuals,
including other users of the Site; or (6) violates any applicable local, state,
national or international law. Although MyOutdoorTV does not pre-screen user submissions
in chat rooms, forums, reviews or otherwise, MyOutdoorTV and its agents retain the right
(but not the obligation) in their sole discretion to refuse or move any Materials,
information or other content available on the Site.
MyOutdoorTV does not claim ownership of any Materials or information you submit or make
available for the Site and you are entirely responsible for everything you upload,
post, email or otherwise make available on the Site. Any Materials or other
information are not and will not be treated as confidential. In addition, by
uploading, posting, emailing or otherwise making available any Materials or
other information on the Site, you grant MyOutdoorTV a worldwide, perpetual, royalty-free,
fully paid up, non-exclusive license to distribute, reproduce, modify, adapt,
publicly perform, publicly display, sublicense, freely assign, create derivative
works from and otherwise use and exploit any such Materials or information in
any medium now known or hereinafter developed. You also agree that MyOutdoorTV may disclose
any such Materials or information to any third party for any reason, including
without limitation, if disclosure is required or is reasonably necessary to
comply with the law or any legal process, enforce MyOutdoorTV's rights, analyze or respond
to third party claims or generally protect MyOutdoorTV and its users.
NO WARRANTIES
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS"
WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, MYOUTDOORTV DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, MYOUTDOORTV DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MYOUTDOORTV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED
ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT MYOUTDOORTV) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS
AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL MYOUTDOORTV BE LIABLE IN ANY WAY FOR ANY CONTENT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE
SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYOUTDOORTV, ITS PARENT, ITS AFFILIATES OR ITS
SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS,
AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE
OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR
THOSE SERVICES.
INDEMNITY
You agree to indemnify and hold MyOutdoorTV and its parent, subsidiaries, affiliates,
and their respective officers, directors, agents, partners, sponsors and employees
of each harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of content you submit, post to
or transmit to the Site, your use of the Site, your connection to the Site,
your violation of these Terms of Use, or your violation of any rights of another
party.
TERMINATION OF THE SITE
MyOutdoorTV reserves the right to withdraw, suspend or discontinue at any time and from
time to time any Materials, information, content or services available on the
Site and any functionality or features in or on the Site, including the cessation
of all activities associated with the Site, with or without notice.
MyOutdoorTV may, in its sole discretion, terminate your use of the Site for any reason,
including, without limitation, if MyOutdoorTV believes that you: (1) have breached these
Terms of Use; (2) infringed the intellectual property right of a third party;
(3) provided any information that MyOutdoorTV is unable to verify or authenticate; (4)
uploaded or transmitted Unauthorized Content to the Site; or (5) violated or
acted inconsistently with the letter or spirit of these Terms of Use. You agree
that any termination of your access to the Site may be effected without prior
notice to you.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by MyOutdoorTV from its offices within the State
of California, U.S.A. MyOutdoorTV makes no representation that materials in the Site
are appropriate or available for use in other locations. Those who choose to
access this Site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws
are applicable. Use of or access to the Site shall not be construed as the purposeful
availment of the benefits or privilege of doing business in any state other
than the State of California by MyOutdoorTV.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of California, as it is applied to agreements entered
into and to be performed entirely within California and without giving effect
to any principles of conflicts of laws. You agree that any legal lawsuit or
other action brought by MyOutdoorTV, you or any third party to enforce this agreement,
or in connection with any matters related to this Site, shall be subject only
to the jurisdiction of either the state or federal courts located in Los Angeles
County, California.
SEVERABILITY
If any provision of this agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement, and shall not affect the validity and enforceability of any remaining
provisions.
NO WAIVER
Any delay or failure on the part of MyOutdoorTV to enforce any rights under these Terms
of Use to which it may be entitled shall not, in any event, be construed as
a waiver of the right and privilege to do so at any subsequent time.
MODIFICATIONS
MyOutdoorTV reserves the right to change or modify these Terms of Use at any time. These
Terms of Use shall not be modified except in writing, as posted on this Site
by MyOutdoorTV. Any change or modification made by MyOutdoorTV will be effective immediately upon
posting on the Site and your continued use of the Site means that you have agreed
to accept any changes or modifications made by MyOutdoorTV.
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