Animal
Tracks Online Terms & Conditions of Use
Welcome to Animal-Tracks.com.,
published by Archer New Media, Ltd. Archer New Media, Ltd.'s goal is to
provide the best services and products to you. To ensure that this site
can provide a safe and friendly environment for all its users, these TERMS
OF USE have been established. By using the Animal-Tracks.com site, you
agree to the terms of use set forth. (Note: The use of the word "Terms"
also includes ther term and concept of "Conditions.") Archer
New Media, Ltd. and Animal-Tracks.com reserve the right, at our discretion,
to modify, add, or remove portions of these terms at any time. Please
check these terms periodically for changes. Your continued use of this
site now or following the posting of changes to these terms will signify
that you accept these Terms and/or changes. Your violation of these Terms,
at a minimum, will result in your loss of the right to use this Web site,
as Animal-Tracks.com may decide in its absolute discretion.
1. RESTRICTIONS
ON USE OF MATERIALS.
All materials on this
site, including but not limited to all copyrights, trademarks, service
marks, trade names, fictitious names, text, images, designs, audio, graphics,
video, logos, software, and the like (collectively called the "Materials"),
are owned or licensed by Archer New Media, Ltd. or its content suppliers
and protected by U.S. and international laws. All trademarks, service
marks, and trade names are proprietary to Archer New Media, Ltd.. You
may not copy, transmit, post, create derivative works from, or republish
in any way whatsoever any Materials form Animal-Tracks.com without prior
written permission from Archer New Media, Ltd.
However, since one
of the primary goals of this site is to provide information for educational
and entertainment purposes, you are allowed and
even encouraged to download or make as many copies as you like of the
Materials and other downloadable items for personal, noncommercial,
and educational use and distribution, provided all copyright and other
notices on the Materials are left intact and you NOTIFY ARCHER NEW MEDIA,
LTD. prior to such use and you receive no objection from Archer New Media,
Ltd. However, modification or use of the Materials for any other purpose
is an infringement of Archer New Media's copyrights and other proprietary
rights. Use of these Materials on any other Web site or other networked
computer environment is prohibited without the prior written permission
of Archer New Media, Ltd.
LINKING PERMISSION.
Linking to the www.animal-tracks.com
is permitted and encouraged, provided all copyright and other notices
on the Materials are left intact and the linked pages are not imported
into frame pages that remove the copyright information and logos identifying
the page as a page from the Animal Tracks Online site.
2. DISCLAIMER.
THIS SITE IS PROVIDED
BY ANIMAL-TRACKS.COM AND ARCHER NEW MEDIA, LTD. ON AN "AS IS"
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE, ITS INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT
THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S)' ARE FREE
OF VIRUSES.
WE DO NOT WARRANT
OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIALS ON THIS
SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU (AND NOT US) ASSUME THE
COST OF ALL NECESSARY CORRECTIONS AND REPAIR. FURTHER, APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
WE MAKE NO REPRESENTATIONS
AS TO THE RELIABILITY, ACCURACY, OR MERCHANTABILITY OF ANY PRODUCTS, SERVICES,
OR INFORMATION GIVEN BY ANY ADVERTISER OF ANIMAL TRACKS WHETHER MADE ON
OR BY VIRTUE OF A LINK TO WWW.ANIMAL-TRACKS.COM OR SUCH ADVERTISER'S WEB
SITE FROM WWW.ANIMAL-TRACKS.COM.
3. LIMITATION OF
LIABILITY.
UNDER NO CIRCUMSTANCES
SHALL ANIMAL TRACKS, ANIMAL-TRACKS.COM OR ARCHER NEW MEDIA, LTD. BE LIABLE
FOR ANY CLAIMS OF NEGLIGENCE OR BREACH OF DUTY OR BREACH OF THIS AGREEMENT,
INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE
USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE
BEEN ADVISED OF THESE POSSIBILITIES. APPLICABLE LAW MAY NOT ALLOW THESE
LIMITATIONS ON LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSED OF ACTION
(WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
4. ONLINE CONDUCT.
Any communication
which you post on our Web site is nonconfidential, and user agrees to
use Animal-Tracks.com only for lawful purposes. You shall not post or
publish to our site any content which is defamatory, obscene, threatening,
illegal, infringes on copyrights or trademarks, or is otherwise objectionable,
including but not limited to any material encouraging conduct that would
constitute a criminal offense, civil liability, or otherwise violate any
applicable law.
If we are notified
of any alleged content violation, we may investigate this and decide in
our sole discretion whether to remove that content from our Web site.
We may disclose any content or electronic communication of any kind (i)
to satisfy any law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate Animal-Tracks.com and Archer New
Media, Ltd.; and (iii) to protect the rights or property of Animal-Tracks.com
and Archer New Media, Ltd., its users, or providers.
Animal-Tracks.com
and Archer New Media, Ltd. reserve the right to prohibit conduct, communication,
or content that we deem in our sole discretion to violate any law or be
harmful to the rights of any user; Archer New Media, Ltd.; or any third
party. Provided, however, neither we nor our provider(s) can ensure the
prompt removal of questionable content after online posting. Accordingly,
neither Animal-Tracks.com or Archer New Media, Ltd., nor any of its officers,
employees, or representatives shall assume liability for any action or
inaction taken with respect to removing such material from our Web site.
Animal-Tracks.com
shall be used only for personal, educational, and nonprofit uses consistent
with our site's operations. You shall not distribute or otherwise publish
any commercial material soliciting or promoting goods or services. You
specifically acknowledge that soliciting any users of this Web site to
become members of any commercial online service or other organization
is expressly prohibited.
By uploading or submitting
any materials to Animal-Tracks.com or Archer New Media, Ltd., you automatically
grant and warrant that the content owner has expressly granted us a royalty-free,
irrevocable, nonexclusive right and license to use, publish, modify, and
distribute the content worldwide, including the right to use it in other
works in any form, media, or technology for the copyright term of this
content. Subject to this grant, the content owner retains any and all
rights which may exist in that content.
Any advice, services,
or offers that are expressed by you, or made available to third parties,
are those of the respective authors--and not of Animal-Tracks.com or Archer
New Media, Ltd., or any of our officers, employees, or representatives.
Neither Animal-Tracks.com or Archer New Media, Ltd., nor any of its representatives
guarantee the accuracy, completeness, or appropriateness of any content,
opinion, or advice, nor its merchantability or fitness for any particular
purpose. Under no circumstances shall we be liable for any loss, damage,
or harm caused by a user's reliance on any information obtained through
this Web site. It is the responsibility of each user to independently
evaluate the information, advice, or other content found at this Web site.
5. THIRD-PARTY
SUBMISSIONS.
User may upload to
or distribute on our Web site only content that is not subject to any
copyright or other proprietary rights protection, or content in which
the author has given express authorization for Internet distribution.
Any content distributed with the consent of a copyright owner should contain
a phrase such as "Copyright, date, owned by [name of owner]; used
by permission." The unauthorized submission or distribution of copyrighted
or other proprietary content is illegal.
In compliance with
the Digital Millenium Copyright Act, users and other persons can report
any potential infringements and recommended corrections to us, in care
of brandall2@netwalk.com for
Complaints about Copyright Infringements. We will address those concerns
in accordance with that Act. Neither Animal-Tracks.com or Archer New Media,
Ltd., its officers, or representatives will be liable for any damage resulting
from any infringement of copyrights or proprietary rights, or from any
other harm that arises from user submissions.
Animal Tracks Online
and Archer New Media, Ltd. welcome but assume no liability for unsolicited
manuscripts, photographs, illustrations, and/or advertising materials.
All unsolicited submissions by mail as a hard-copy must be accompanied
by a self-addressed, stamped envelope or they will not be returned. It
is the submitter's warranty that any material submitted is in no way an
infringement on the rights of others and may be reprinted without additional
approval.
6. PRIVACY POLICY.
It is Animal-Tracks.com
and Archer New Media, Ltd.'s policy to respect the privacy of our users.
Our Privacy Policy is set forth at www.animal-tracks.com/departments/animaltracks/privacy.htm.
7. LINKING FROM
AND TO THIS WEB SITE.
To the extent that
this Web site has links from and to other Web sites, we cannot endorse
or control their content, accuracy, compliance with laws, or accessibility.
However, Animal-Tracks.com does not knowingly link to any site promoting
violence, hate, pornography, any type of illegal activity, or any content
Animal-Tracks.com and Archer New Media, Ltd. deem to be inappropriate
or incompatible with the Web site's focus or purpose.
If you decide to access
these linked sites, you do so at your own risk. Any concerns regarding
such outside Internet sites, or any link thereto, should be directed to
that particular Web site. However, if you disapprove of, experience a
problem with, or find questionable any link on Animal-Tracks.com, please
email us at brandall2@netwalk.com.
Animal-Tracks.com
and Archer New Media, Ltd. reserve the right to remove any and/or all
links deemed, in their sole discretion, to be inappropriate for this Web
site.
Any link to our Web site is subject to our approval, conditions, and agreement, as
we may decide in our sole discretion. To request permission to link to
Animal-Tracks.com, please contact us at brandall2@netwalk.com.
Additionally, any linking, whether it is a hyperlink, use of spiders or
robots, or whatever applicable technology, of a commercial, competitive,
or offensive nature is strictly prohibited.
8. TERMINATION
OF USE.
Animal-Tracks.com
and Archer New Media, Ltd., reserve the right to refuse service, terminate
accounts, suspend activity, and/or cancel orders in their sole discretion,
including, without limitation, if we believe that any customer's conduct
violates applicable law, is harmful to another user's interest, or is
harmful to Animal-Tracks.com and Archer New Media, Ltd.'s, a third-party's,
or a service provider's interests.
9. USE BY CHILDREN
UNDER 13.
Animal-Tracks.com
and Archer New Media, Ltd. cannot prohibit minors from visiting our Web
site. We must rely on the supervision of the responsible parents, guardians,
and those responsible for supervising children under 13 to decide which
materials are appropriate for children to view and/or purchase.
We require that all
purchases be made either: (i) by individuals 13 years of age or older;
or (ii) by minors under 13 whose parents or other guardians will pay for
the minor's purchases, give verifiable permission for those purchases,
and give verifiable permission to us for the collection of certain information
in accordance with our privacy policy terms. Every time you purchase a
product or service from our Web site, you are representing to us that
you meet these criteria.
10. INDEMNITY.
You agree to indemnify,
hold harmless, and defend Animal-Tracks.com and Archer New Media, Ltd.,
our employees, officers, directors, agents, contributors, and providers
from and against all claims, actions, or demands, including reasonable
legal fees and court costs, resulting from any breach by you of these
Terms of Use or other liability.
11. OTHER.
Any legal dispute
arising in connection with these Terms of Use shall be first attempted
to be settled by mediation. If that is not successful, then the dispute
shall be settled by arbitration to be held in Columbus, Ohio in accordance
with the rules of the American Arbitration Association, and this agreement
to arbitrate shall be specifically enforceable. Any award shall be final
and binding on all parties, and a final judgment may be entered in the
appropriate court of law. Notwithstanding this, should any litigation
ensue between the parties, then the prevailing party shall be entitled
to reasonable expenses and attorney fees as set by the Court.
This site is created
and controlled by Archer New Media, Ltd. in the State of Ohio, whose laws
will govern these Terms of Use and any legal controversy. You consent
to submit to the exclusive jurisdiction of the courts of the State of
Ohio and of the United States for any litigation arising out of our Web
site's use and operation, waive any objection to this state on improper
jurisdiction and/or venue grounds, and agree not to argue that any such
litigation brought there has been brought in an inconvenient forum.
If any provision of
these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable
by any court of competent jurisdiction, then that provision shall be deemed
severable for the rest of the provisions and shall not affect the validity
or enforceability of any of the remaining ones.
YOU AGREE TO BE BOUND
BY THESE TERMS OF USE by your accessing, viewing, and/or using this Web
site.
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