Terms and Conditions
Ownership. All content included on the Buckeye Outdoors site, such as text, graphics, logos, button icons, images, audio clips and software, is the property Buckeye Outdoors or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Buckeye Outdoors Sites is the exclusive property of Buckeye Outdoors and protected by U.S. and international copyright laws. All software used on the Buckeye Outdoors Sites is the property of Buckeye Outdoors or its software suppliers and protected by U.S. and international copyright laws.
Copyright Complaints. Buckeye Outdoors respects the intellectual property of others, and we ask our content partners and Buckeye Outdoors members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Buckeye Outdoors site in a way that constitutes copyright infringement, you may notify Buckeye Outdoors by providing Buckeye Outdoors’s copyright agent the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
4. Identification of the URL or other specific location of the Buckeye Outdoors site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. Your name, address, telephone number and e-mail address.
6. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7. A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Buckeye Outdoors agent for notice of claims of copyright infringement on the Buckeye Outdoors site can be reached as follows: Ben Deutschle, 766 Silverleaf Oak Court, Westerville, OH 43081; superheroben.com
2. Permitted Use of Buckeye Outdoors Trademarks
Buckeye Outdoors trademarks identify Buckeye Outdoors products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from Buckeye Outdoors. Please make such requests by e-mail to email@example.com; we will evaluate your request as soon as possible.
3. User Submissions and Content
Buckeye Outdoors may provide interactive areas on the Buckeye Outdoors site, in which users may post communications. You or individuals you are legally responsible for alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interactive area" of the Buckeye Outdoors site, including message boards, forums, and chat rooms, you grant Buckeye Outdoors a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use.
In consideration of being allowed to use the Buckeye Outdoors interactive areas, you contract and agree:
1. not to use the Buckeye Outdoors Sites to send or post on message boards or any place on the Buckeye Outdoors Sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
2. not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Buckeye Outdoors
3. not to use an inappropriate member name of any kind.
4. not to post or use the Buckeye Outdoors Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Buckeye Outdoors with respect to such sites.
In addition, you may order services or merchandise through the Buckeye Outdoors Sites from other persons not affiliated with Buckeye Outdoors ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Buckeye Outdoors site. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Buckeye Outdoors makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Buckeye Outdoors, nor will Buckeye Outdoors be construed as, a party to such transactions, whether or not Buckeye Outdoors may have received some form of revenue or other remuneration in connection with the transaction. You agree that Buckeye Outdoors will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Buckeye Outdoors and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Buckeye Outdoors makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Buckeye Outdoors nor such third party shall have any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Buckeye Outdoors of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Buckeye Outdoors IS AT YOUR SOLE RISK. Buckeye Outdoors IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Buckeye Outdoors EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT Buckeye Outdoors’s LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY Buckeye Outdoors FROM YOU.
THE INFORMATION ON Buckeye Outdoors IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Buckeye Outdoors NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Buckeye Outdoors, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Buckeye Outdoors ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON Buckeye Outdoors CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON Buckeye Outdoors.
Buckeye Outdoors makes no warranty that the Buckeye Outdoors Sites' services will be uninterrupted, secure or error free. Buckeye Outdoors does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Buckeye Outdoors Sites. Buckeye Outdoors is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Buckeye Outdoors Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
Buckeye Outdoors SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER FORESEEBALE OR NOT FORESEEABLE, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Buckeye Outdoors OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Buckeye Outdoors OR (D) THE USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH BUCKEYEOUTDOORS.COM (E) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY BUCKEYEOUTDOORS.COM (F) PERSONAL INJURY NOT CAUSED BY Buckeye Outdoors’s GROSS NEGLIGENCE (G) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Buckeye Outdoors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless each of the officers, representatives and employees of BUCKEYEOUTDOORS.com, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of BUCKEYEOUTDOORS.com, any of its websites, any products purchased off of BUCKEYEOUTDOORS.com’s websites, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
10. Applicable Law; Consent to Jurisdiction
The Buckeye Outdoors Sites (excluding linked sites) are controlled by Buckeye Outdoors from its offices within the State of Ohio, United States of America. The Buckeye Outdoors Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing the Buckeye Outdoors Sites both you and Buckeye Outdoors agree that the statutes and laws of the State of Ohio, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Buckeye Outdoors Sites.
You agree that exclusive jurisdiction for any dispute with Buckeye Outdoors, or in any way relating to your membership or use of Buckeye Outdoors, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any dispute including any claim involving Buckeye Outdoors or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.