MySportsmansDen.com, Inc. (hereinafter “MySportsmansDen.com”) may without advance notice reserves the right to amend, change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site. Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is the responsibility of every user, account holder, visitor or other patron of MySportsmansDen.com to monitor the agreement and be aware of its current terms and conditions. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.

 

Copyright notice for all pages on this web site: © 2007 MySportsmansDen.com, Inc. All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of MySportsmansDen.com’s copyrighted works without first obtaining MySportsmansDen.com’s written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.

 

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to MySportsmansDen.com, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of MySportsmansDen.com, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.

 

MySportsmansDen.com may contain links to web sites operated by third parties other than MySportsmansDen.com. Such links are provided for your reference only. MySportsmansDen.com does not control such web sites, and is not responsible for the contents of these web sites. MySportsmansDen.com’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

 

Siteowner respects the privacy of users of its Site. Please refer to Siteowner’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by Siteowner by clicking here.

 

If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing MySportsmansDen.com with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a “Password”) is confidential information. You agree to maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to be solely responsible for any and all action that occurs as a result of any access to your account through the use of your Password. You agree to notify MySportsmansDen.com immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by MySportsmansDen.com. You acknowledge and agree that MySportsmansDen.com, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.

 

This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of MySportsmansDen.com or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, MySportsmansDen.com-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by MySportsmansDen.com licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without MySportsmansDen.com’s express prior written consent.

 

MySportsmansDen.com cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

 

The following restrictions and rules are in addition to all other restrictions and rules contained herein and are not intended to supercede or replace any other restriction or rule. These rules supplement all other restrictions and rules of this agreement:

(1) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
(2) You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
(3) You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
(4) You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:

a. False or Misleading Header Information
b. Deceptive Subject Lines
c. Failure to provide an opt-out method
d. Failure to Identify the message as an advertisement
e. Failure to include a physical Postal Address

(5) You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. MySportsmansDen.com shall make the sole determination of what is “Inappropriate”.
(6) You agree not to make or attempt any unauthorized access to any MySportsmansDen.com website or the website of any MySportsmansDen.com member.
(7) You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(8) You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with MySportsmansDen.com and for three years thereafter.
(9) You agree not to undertake any action which is harmful or potentially harmful to the MySportsmansDen.com server structure.
(10) You understand and agree that your assigned area is for personal use only and that data storage unrelated to the purpose of the Service is not permitted.
(11) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of MySportsmansDen.com (b) any reseller of MySportsmansDen.com (c) any other person or (d) any employee or contractor of MySportsmansDen.com.
(12) You agree that MySportsmansDen.com will make the sole determination of any whether this acceptable use policy has been violated. 

 

MySportsmansDen.com makes reasonable efforts to include accurate and up-to-date information on this Web site, MySportsmansDen.com makes no warranties or representations as to its accuracy. MySportsmansDen.com assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. Neither MySportsmansDen.com, nor any Information Source shall be responsible for information provided herein under any theory of liability or indemnity and, likewise, in no event shall MySportsmansDen.com or any Information Source be liable for any damages.

 

MySportsmansDen.com will NOT be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if MySportsmansDen.com has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use of or inability to access or use the information, services, products, and materials available from this Site, regardless of whether such information, services, products, and materials are provided by MySportsmansDen.com or any third party. Furthermore, to the maximum extent permitted by law, MySportsmansDen.com and its suppliers disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, whether provided or owned by it or them or by any third party, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, SITEOWNER does not represent or warrant that the information and materials accessible via this Site are accurate, complete or current, and you may not rely on the information and materials accessible via this Site. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. 

 

ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN SITEOWNER AND YOU, EXCEPT FOR THESE TERMS OF USE, THE SITEOWNER PRIVACY POLICY AND THE SITEOWNER FORUM TERMS OF USE. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO SITEOWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.

 

MySportsmansDen.com has no obligation to monitor this Site or any portion thereof. However, MySportsmansDen.com reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the “Forums” portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. MySportsmansDen.com does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.

 

MySportsmansDen.com has no obligation to display or post any content, text, images, files, information or other materials provided by you. MySportsmansDen.com reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that MySportsmansDen.com deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. MySportsmansDen.com shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by MySportsmansDen.com or any other party.

 

If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, MySportsmansDen.com will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of MySportsmansDen.com’s trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the “Intellectual Property”) or any act or omission by you that may impair the goodwill associated with the Intellectual Property.

 

You agree to indemnify, defend and hold harmless MySportsmansDen.com, Inc., its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations.

 

You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you will be Berks County, Pennsylvania, USA.  These Terms of Use and the relationship between you and MySportsmansDen.com will be governed by the laws of the Commonwealth of Pennsylvania as if you signed these Terms of Use in Pennsylvania. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Use of this Site is unauthorized in 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 MySportsmansDen.com as a result of this agreement or use of this Site. MySportsmansDen.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MySportsmansDen.com’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by MySportsmansDen.com with respect to such use. If any part of this agreement 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 this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and MySportsmansDen.com with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MySportsmansDen.com with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Software available in connection with MySportsmansDen.com is subject to United States export controls. No software may be uploaded to or downloaded from MySportsmansDen.com or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the downloaded software of software components is at your sole risk.

 

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this agreement.

Notwithstanding any other provision of this agreement, MySportsmansDen.com is not your agent, partner or joint venturer in any respect.