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OutdoorManStore.com Terms of Use Agreement

9/18/13

Description of Company Services and Acceptance of Terms of Use

Welcome to OutdoorManStore.com, which is operated by Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation (“Company” or “we”).  The services Company provides on OutdoorManStore.com include entertainment derivative of the ABC television show “Last Man Standing.” (collectively, the "Company Services").  Company is based in the United States and the Company Services are hosted in the United States.  Company is a part of the United States based operations of News Corporation.

Company furnishes OutdoorManStore.com and the Company Services for your personal enjoyment and entertainment.  By visiting OutdoorManStore.com or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (“Applicable Law”).  Please read through this Agreement carefully.  Company may modify this Agreement at any time, and each such modification will be effective upon posting on OutdoorManStore.com.  All material modifications will apply prospectively only.  Your continued use of the OutdoorManStore.com or the Company Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified.  It is therefore important that you review this Agreement regularly.  If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately. You may receive a copy of this Agreement by emailing us at: outdoormanstore@gmail.com, Subject: Terms of Use Agreement.  Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below). 

Termination

This Agreement remains in full force and effect while you use the Company Services. Company may terminate your account and/or access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Furthermore, even after your user account or access to the Company Services is terminated, this Agreement will remain in effect.  You agree that your account is non-transferable and any rights to your account terminate upon your death.

Company Content

The Company Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Company ("Company Content").  Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Company Services.  Company hereby grants you a limited, revocable, nonsublicensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Company Site and using the Company Services.  The Company Services may also contain Content of users and other Company licensors.  Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Company Services.

Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content.  This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away.  You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.

Your Use of Company Services

The Company Services are offered for your personal use only and may not be used for commercial purposes.

You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to OutdoorManStore.com, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates  (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Company Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. 

Copyrights and Other Intellectual Property

Company respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Company has a policy of terminating repeat infringers’ access to the Company Services in appropriate circumstances.


Third Party Links and Services


The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with Company.  If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service.  In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services.  Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof).  Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service.  Company is not responsible for the content or practices of any websites other than OutdoorManStore.com, even if the website links to OutdoorManStore.com and even if it is operated by an Affiliated Company or a company otherwise connected with OutdoorManStore.com.  By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than OutdoorManStore.com.  When you access Third Party Services, you do so at your own risk.  Company encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting.

 

Privacy

Use of the Company Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The Company Services are provided "AS-IS" and “as available” and Company does not guarantee or promise any specific results from use of the Company Services.  Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  In particular, Company makes no warranty that your use of the Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable.  Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Company Services, problems or technical malfunction in connection with use of the Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Company Services, or the conduct of any users of the Company Services, whether online or offline.  Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk.  User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company. 

Limitation on Liability

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.

U.S. Export Controls

Software available in connection with the Company Services (the "Software") is further subject to United States export controls.  No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

Disputes


The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the Company Services.  YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. 

 

Indemnity

You agree to indemnify and hold Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of OutdoorManStore.com or the Company Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Company Services.

Unsolicited Submissions

Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies.  Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Company Services (including but not limited to any public forum), however, such submissions and copyright become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit.  You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  The Section titles in this Agreement are for convenience only and have no legal or contractual effect.  Company is a trademark of Company, Inc.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


Please contact us at: outdoormanstore@gmail.com with any questions regarding this Agreement.  I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

This website is for entertainment purposes only.  All products are fictional, though hopefully still entertaining. 

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