Sportsmen of North America
Terms of Use
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on February 11, 2009.
This Terms of Use Agreement sets forth the standards of use of the Sportsmen of North America Social Community. By accessing and using the www.sportsmenNA.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.sportsmenNA.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. The terms of this agreement may be modified over time and by accepting these terms you are bound to the agreement in this and future form. It is important that you periodically review the agreement.
1.Description of Service
Sportsmen of North America, L.P. is providing Member with a website where you and other users have the opportunity to create a unique profile to submit, display, send and receive information pictures, videos, music, ideas, thoughts, messaging as it relates to hunting, fishing and the outdoors. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. The member or user is solely responsible for all content submitted and posted to the www.sportsmenna.com website and all content transmitted between member and outside recipients.
2.Term
This agreement and any future changes shall be in effect during entire membership or as a user of any kind of the Sportsmen of North America website. Sportsmen of North America reserve the right to terminate membership at any time, for any or no reason, with or without prior notice and without liability. The agreement shall stay in affect.
3.Disclaimer of Warranties.
The site is provided by Sportsmen of North America, L.P. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Sportsmen of North America, L.P. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Sportsmen of North America, L.P. shall have no liability for any interruptions in the use of this Website. Sportsmen of North America, L.P. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
4.Limitation of Liability
Sportsmen of North America, L.P. SHALL NOT be liable for any damages whatsoever, and in particular Sportsmen of North America, L.P. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Sportsmen of North America, L.P. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. THIS SITE MAY NOT BE USED FOR ANY UNLAWFUL PURPOSE OR PROHIBITED BY THIS AGREEMENT. WE RESERVE THE RIGHT TO TERMINATE ACCESS TO THE SITE IF YOU FAIL TO COMPLY WITH ANY PROVISION IN THIS AGREEMENT, FOR ANYOTHER REASON OR FOR NO REASON.
5.Indemnification
Member agrees to indemnify and hold Sportsmen of North America, L.P., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
6.Modifications and Interruption to Service
Sportsmen of North America, L.P. reserves the right to modify or discontinue the Service with or without notice to the Member. Sportsmen of North America, L.P. shall not be liable to Member or any third party should Sportsmen of North America, L.P. exercises its right to modify or discontinue the Service. Member acknowledges and accepts that Sportsmen of North America, L.P. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7.Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
8.Disclaimer Regarding Accuracy of Vendor or Sponsor Information
Product specifications and other information have either been provided by the Vendors or Sponsors or collected from publicly available sources. While Sportsmen of North America, L.P. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Sportsmen of North America, L.P. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor or Sponsor, and you acknowledge that any reliance on representations and warranties provided by any Vendor or Sponsor shall be at your own risk.
9.Governing Jurisdiction of the Courts of the State of Texas
Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.
10.Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Member agrees NOT to use this site:
11.Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is with all rights reserved, or is the property of Sportsmen of North America, L.P. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sportsmen of North America, L.P. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sportsmen of North America, L.P.
Sportsmen of North America, L.P. and www.sportsmenNA.com are proprietary marks of Sportsmen of North America, L.P. Sportsmen of North America, L.P.’s trademarks may not be used in connection with any product or service that is not provided by Sportsmen of North America, L.P., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sportsmen of North America, L.P.
All other trademarks displayed on Sportsmen of North America, L.P.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Sportsmen of North America, L.P.
12.Member Copyright Policy
You may not post, distribute, reproduce or modify in any way any copyrighted materials, trademarks without the expressed written permission of the owner or rights holder of that material.
13.Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Sportsmen of North America, L.P..com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
3218 IH 30 Suite 103 Mesquite, Texas 75150
By Telephone: 214-217-2777
By Email: issues@sportsmenna.com
14.Botnets and other Detrimental Activities
Sportsmen of North America, L.P. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, spider or other automated means, Sportsmen of North America, L.P. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. The attempt to mirror or frame any part or entire site without expressed written permission of an authorized representative of Sportsmen of North America is prohibited.
15.Restricted Usage and Prohibited Content
The following is a list of items, activities and content that is deemed illegal to post to or communicate through the Sportsmen of North America website and we reserve the right to pursue appropriate legal action as necessary as well as the termination of Membership to Sportsmen of North America. We assume no responsibility or liability that may arise from content posted by Members.
1)The usage of this site for commercial purposes
2)Content that contains nudity, pornographic activities or any association with adult only websites;
3)The solicitation of information from a minor or activity harmful to a minor (under 18 years old);
4)The usage of vulgar, offensive, racist, bigoted, ethnically or obscene language;
5)The perceived stalking and harassing of members or other persons;
6)The posting and/or transmitting of material viewed as junk mail or spam;
7)The posting of information that is false in nature, misleading or is abusive, threatening or libelous.
8)Any detrimental information that can cause damage to the website and/or infrastructure.
9)The usage of profanity in the form of words or pictures within forums, blogs, profiles, classified or any other area within the site is prohibited.
10)Exploiting people in a sexual or violent manner.
11)Any content that is an unauthorized copy of copy written material, written or electronic in nature such as software or programs.
12)Any activity soliciting passwords or other private and personal information to be used in an unlawful or illegal manner.
13)Any activity criminal in nature including but not limited to drug, fraud, gambling or distribution of computer viruses.
14)The advertising of services, soliciting of members for other sites or businesses, links to other websites in blogs, forums, chat room or classified areas is prohibited.
16.Complaints and Issues
Member complaints shall be directed to issues@sportsmnna.com. The SNA staff will review the issue or complaint and address accordingly. Any decision based on the complaint will be the sole discretion of Sportsmen of North America. Any member related issues with another member based on interactions with that member are the responsibility of the members to resolve. Sportsmen of North America has the right to view the dispute but is not under any obligation to suggest any settlement.
17.Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Sportsmen of North America, L.P., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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