You use of this Site and/or participation in the GunShowsToday.Com “Launch” Sweepstakes, and any future sweepstakes, contests, or other promotions contained on or available through this Site (collectively, if applicable, current “Promotion”) constitutes your acceptance of these terms and gives rise to a binding contract between GST (“We,” “Us,” or “Our,” and you (“You” or “User”).
A. Revocable, Non-Exclusive, Limited License.
There is no fee for User’s use of the Site and no purchase necessary to participate in any Promotion. Your access to this Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted by Us at any time.
In addition, in use of License, you agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Site for commercial purposes.
Finally, You agree that You will not use, implement or employ, directly or indirectly, any process or program that is designed to or does in fact transmit content, data or user information contained on this Site; deliver promotion material to Our Users; encumber the operation of this Site; contaminate the Site or use any electronic method of the Site to administer its operations.
B. Accessibility to Site.
You understand and agree that this Site may, at times, be inaccessible or inoperable for any reason, foreseeable and unforeseeable. We shall not be responsible or liable in any way for any reason to You or anyone else due to or as a result of any such inaccessibility or inoperability.
C. Conditions of Eligibility.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of the Site, including, but not limited to, telecommunications and internet access connections and links, web browsers and other equipment, compatibility, and all other programs or services required to access and use this Site.
F. Proprietary Rights.
Any and all portions of this Site are proprietary to Us, unless specified otherwise and are protected by intellectual property laws and treaties, including but not limited to copyright, trademark, service mark, trade secret and/or patent laws under the laws of the states and federal law. In connection with the License set forth in “A”, you agree to use this Site for Your own personal use only and not copy or otherwise copy the substance of this Site by derivative works of any portion of this Site, or other aspects of Services, unless you have written permission granted to You.
G. On-Line Purchases and Specific Programs.
H. Security on this Site.
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution by legal authorities, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement agencies in connection with investigation or prosecution of possible criminal activity on or by use of this Site. We comply with all court orders involving requests for such information.
I. Copyright Protection.
The Digital Millennium Copyright Act of 1998 (herein “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. We reserve the right to remove material on Our Site that allegedly infringes another person’s copyright. If You are the copyright owner or an agent thereof and believe that any content on this Site infringes Your copyright, You may submit a request to us to investigate under the DMCA.
In providing such information to and through the Site, GST conditions Site access on users voluntary compliance with all laws in all locales and forums in which you may access this Site. In its sole discretion, GST reserves the right to block and remove any person who calls for, infers or advocates for illegal activities.
You agree by use hereof not to attempt to or bypass the home page of the Site. In addition, we may, and do, provide links in our Site, in Our sole discretion, to other sites on the Web for Your convenience. These links do not constitute our endorsement of the products or services on these sites unless specifically indicated.
In Our sole discretion, We may post advertisements from and by third parties on this Site for goods and/or services. We make no representations or warranties with respect to, the quality of such third party products and services, and expressly, to the extent allowed by law disclaim any and all liability for actual or perceived shortfalls of these products and/or services.
L. Your Representations.
By using this Site, You represent and warrant You have the legal authority to do so; You have provided accurate information when registering into this Site; You have not provided information that use of content by Us does or will violate the rights, including intellectual property and privacy rights of others; and You have not used this Site to attempt to violate any local, state or federal law, rule, regulation or ordinance.
M. Our Disclaimer and Limitation of Liability.
This Site and all other services and products found on and contained in this Site are provided “as is” without warranties of any kind, express or implied. Under no circumstances shall we be liable to you or any other person for any direct, indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this Agreement.
For the consideration of use of this Site, You agree to indemnify, hold harmless and defend Us, Our directors, employees and agents from and against any cause, including reasonable attorney fees, arising from this Agreement.
O. Total Integration.
This Agreement, incorporating by reference, the Site constitutes the entire agreement between Us. No person other than General Counsel is authorized to speak for the Corporation in variance, elimination, or modification of terms of this Agreement.
P. Choice of Law and Forum.
Any notice hereunder shall be made to Peritus Holdings, Inc., d/b/a Gun Shows Today, an Indiana Corporation, to its Registered Agent, Bryan L. Ciyou, Ciyou & Dixon, P.C., 320 North Meridian Street, Suite 600, Indianapolis, Indiana 46204.