Terms and Conditions | The Sportsmans Club

Terms and Conditions

Overview
These Terms and Conditions (“Agreement”) are between you and !company (“Company”). In consideration of the right to access and use the website located at the Universal Resource Locator Address !url (the “Site” or the “Website”), and receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age. YOUR USE OF THE WEBSITE AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGEEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This Agreement applies to the Services currently offered by the Company and any Services that the Company may choose to offer in the future (unless stated otherwise).

!the_title Content
The Website presents information and content, including but not limited to data, text, graphics, software applications, reviews, video and audio files, applications and photos, other than User Content (as defined herein), as well as the compilation thereof ('Content'), that is owned or licensed by the Company, its subsidiaries and affiliates (together, '!the_title'). The Sites may also include materials owned by third parties and posted on the Sites by virtue of a license, grant or some other form of agreement between the third party and !the_title. When used in these Terms and Conditions, 'we' and 'our' mean !the_title.

Services
Through the Website, you may be able to post content and comments, register for memberships and subscriptions, purchase products and equipment, and pay for other goods and services as may be offered by !the_title (together, the “Services”). !the_title reserves the right to change, suspend and discontinue any aspect of the Services at any time, including but not limited to the nature of the services offered, databases, hours of availability, and equipment or software needed for access or use. You agree that !the_title shall not be responsible for information, data, settings, content and materials placed on its servers through your use of the Services (“User Content”), and such User Content may be removed from the !the_title servers for any reason and at any time.

!the_title has no control over your use of the Services. Nevertheless, !the_title reserves the right to prevent you from using the Services for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Services.

Communications Between Members and Posting Information in Public Forums
In some circumstances you may be permitted to comment on, as well as post, transmit or submit messages and other materials which may include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Sites (collectively, 'Messages') to other Website users, Blogs and Bulletin Boards and other public and private areas within, or in connection with, the Site (collectively 'Forums'). However, !the_title accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 18 are not authorized to post messages or participate in forums on the Sites.

!the_title does not endorse and has no control over the content of Messages submitted by you or others to Forums. Messages submitted to Forums are not necessarily reviewed by !the_title prior to posting and do not necessarily reflect the opinions or policies of !the_title. !the_title makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, !the_title reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

!the_title assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time !the_title chooses, in our sole discretion, to monitor the Forums, !the_title nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that !the_title shall accept no liability if we prevent, in our sole discretion, your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for such user’s personal use and not to restrict or inhibit the use of the Sites by any other person.

You are solely responsible for your interactions with other Website users. !the_title reserves the right, but has no obligation, to monitor disputes between you and other users.

You agree to release !the_title, its contractors and affiliates together with their respective employees, agents, officers, directors, members and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Limitation of Use
You agree that you will neither post User Content nor submit Messages to Forums that:

are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
violate the copyright, trademark or other intellectual property rights of any other person or !the_title;
improperly assume or claim the identity, characteristics or qualifications of another person;
impose an unreasonable or disproportionately large load on the Website’ or Services’ infrastructures (including but not limited to the sending of mass e-mail or junk mail, known as “Spamming”); or
are libelous, or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or (ii) upload, e-mail or otherwise transmit any material, Communications or User Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by !the_title, the Website, or its users.

Ownership and Use of Content
All of the Content on the Website is owned or licensed by !the_title, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of !the_title. Please contact us at with any licensing inquiries.

By uploading User Content or engaging in any other form of communication on or through the Website including but not limited to the use of the Forums or any and all Services (the 'Communications'), you hereby grant !the_title a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit such Communications. You hereby waive all rights to any claim against !the_title for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You further represent that all Communications do not infringe upon any intellectual proprietary rights of third parties. You acknowledge that !the_title has detrimentally relied upon this representation. Accordingly, you further agree to indemnify !the_title from any claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the !the_title in connection with such Communications.

DMCA
The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Sites; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to: Fridman Law Group, PLLC, 185 Varick Street, Suite 505, New York, NY 10014

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Trademarks
!the_title and third party trademarks and service marks may or may not be designated as such from time to time on the Sites through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Sites, whether or not designated by such symbols, including, but not limited to, use as metatags or in any other fashion without the express prior written permission of !the_title.

Security
For your protection, thesportsmansclub.com may require the use of encryption technologies for certain types of communications and Services conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from !the_title user IDs, passwords and other security codes ('User Codes') that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that neither !the_title nor thesportsmansclub.com is under any duty to inquire as to the authority or propriety of any instructions given through the Website via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that !the_title shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold !the_title harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. !the_title reserves the right to block access to the Website for any reason. You also agree to immediately notify !the_title if you:

Become aware of any loss or theft of your User Codes; or
Become aware of any unauthorized use of your User Codes.

E-Mail
Certain portions of the Website may offer you the ability to e-mail a message to !the_title. E-mail functionality, if any, is provided to you only to facilitate communications between you, other members and the !the_title. !the_title shall have no liability for any delay, loss or damage that may result from your use of such e-mail tools or from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding !the_title’s use of your e-mail address, please review our Privacy Policy.

Children
The website does not intend to market any products or Services to anyone under the age of 18. !the_title does not knowingly gather or solicit data from anyone under the age of 18 through the Website for marketing purposes.

Availability
Not all of the products or services described on the Website are available in all geographic areas. You may not be eligible for all of the described products or Services and we reserve the right to determine the eligibility of any user for any product or service. The information provided on the Website is not directed at, or 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 any non-United States jurisdiction or country that would subject !the_title or its affiliates to any registration requirement within such jurisdiction or country. The Website does not intend to market any products or Services to individuals or entities residing outside of the United States of America. !the_title does not knowingly gather or solicit data from non-U.S. residents through the Website for marketing purposes.