| Welcome
to TackleMaking.com (the “Web site”). Please read this Terms
and Conditions of Use Notice (“Notice”) carefully before using
the Web site. By viewing or otherwise using this Web site, you agree you
are 13 or older and agree to the TackleMaking privacy policy and to the
terms and conditions in this Notice.
We reserve
the right in our sole discretion to change, modify, add, or delete portions
of this Notice at any time. We will provide notice of such changes only
by posting the updated notice on our Web site and changing the “last
updated” date listed above. This Notice applies exclusively to your
access to, interaction with, and use of, this Web site and does not alter
in any way the terms or conditions of any other agreement you might have
with TackleMaking.com, Inc. (“TackleMaking”) for products,
services, or otherwise. We encourage you to review our Notice each time
you visit our site to see if it has been updated since your last visit.
Privacy Policy
TackleMaking believes strongly in protecting user privacy. TackleMaking
has therefore adopted a Privacy Policy. Users of this Web site should
refer to TackleMaking’ Privacy Policy, available for viewing here,
before providing any information.
Proprietary Rights
I. Copyrights
All Web site materials, including, without limitation, the TackleMaking
logo, design, text, graphics, other files, and the selection and arrangement
thereof (collectively, “Content”) are either ALL RIGHTS RESERVED
Copyright © 2000 TackleMaking.com or are the proprietary property of
TackleMaking’ affiliates or licensors. You may electronically copy
and print to hard copy portions of this Web site for the sole purpose
of using materials it contains for informational and non-commercial, personal
use only, provided you keep all copyright or other proprietary notices
intact. Any other use of Content, including any commercial use, reproduction
for purposes other than described above, modification, distribution, republication,
display, or performance, without the prior written permission of TackleMaking,
is strictly prohibited.
II. Trademarks
“TackleMaking.com,” “TackleMaking,” "GripSticks",
"TackleMaking Encyclopedia" and all other trademarks on this
Web site are either trademarks or registered trademarks of TackleMaking
and its licensors, and may not be copied, imitated or used, in whole or
in part, without the prior written permission of TackleMaking. In addition,
all page headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of TackleMaking, and may not be
copied, imitated, or used, in whole or in part, without the prior written
permission of TackleMaking. All other trademarks, registered trademarks,
product names and company names or logos mentioned on the Web site are
the property of their respective owners.
TackleMaking
might have other patents, patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter in any Web
pages, and any software part of the Web site. Unless we have granted you
licenses to our intellectual property in this Notice, our providing you
with such Web pages or any software does not give you any license to our
intellectual property. Any rights not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to
the homepage or contribution home page of this Web site only, provided such
link does not portray TackleMaking or any of its products and services in
a false, misleading, derogatory, or otherwise defamatory manner. This
limited right may be revoked at any time. You may not use, frame or utilize
framing techniques to enclose any TackleMaking trademark, logo, or other
proprietary information, including the images found at this Web site,
the content of any text, or the layout/design of any page or form contained
on any page of the Web site, without TackleMaking’ express written
consent. Except as noted above, you are not conveyed any right or license,
by implication, estoppel or otherwise, in or under any patent, trademark,
copyright, or proprietary right of TackleMaking or any third party.
Third-Party Content
& Services
TackleMaking may provide hyperlinks to sites such as search engines and
content of third parties (“Third-Party Content”) as a service
to those interested in this information. TackleMaking does not monitor nor
does TackleMaking have control over any Third-Party Content. TackleMaking
does not endorse or adopt any Third-Party Content and can make no guarantee
as to its accuracy or completeness. TackleMaking does not warrant the accuracy
of any information contained on, and undertakes no responsibility to update
or review, any Third-Party Content. Users use these hyperlinks and Third-Party
Content contained therein at their own risk.
Submissions
By submitting, disclosing, or offering any article, opinion, contribution,
instruction, review, photograph, image, video, comments, feedback, postcards,
suggestions, ideas, notes, drawings, concepts, and other information,
content or material, or other item (each, a “Submitted Item”)
to TackleMaking, either online or offline and whether or not solicited
by TackleMaking, you hereby grant to TackleMaking an irrevocable, nonexclusive,
perpetual, worldwide, royalty-free right and license to use, display,
publicly perform, modify, reproduce, publish, distribute, make derivative
works of, sublicense, and otherwise commercially and non-commercially
exploit your Submitted Items and all copyright, trade secret, trademark,
or other intellectual property rights therein, in any manner or medium
now existing or hereafter developed (including but not limited to print,
film, or electronic storage devices), without compensation of any kind
to you or any third party.
You hereby represent
and warrant (a) you have all necessary right, power, and authority to
grant the license set forth herein to your Submitted Item, and (b) your
Submitted Item does not violate, misappropriate, or infringe any copyright,
trade secret, trademark or other intellectual property right of any third
party. You will take, at TackleMaking’ expense, any further action
(including, without limitation, execution of affidavits and other documents)
reasonably requested by TackleMaking to effect, perfect, and confirm the
license granted to TackleMaking to your Submitted Item as set forth herein.
Publication
or use of any Submitted Items is at the sole discretion of TackleMaking
and TackleMaking is under no obligation to publish or use any Submitted
Item. If your Submitted Item is published, used and/or posted on the Web
site or otherwise used by TackleMaking, we may include your name in conjunction
with such publication, posting, or use. By submitting, disclosing, or
offering a Submitted Item, you hereby grant TackleMaking the right to
use your name and/or username and location in connection with the publication,
use or posting of your Submitted Item. You must include your full name
and e-mail address with your Submitted Item so we can contact you if we
have any questions about your Submitted Item; however, only your name
or username and locationand not your e-mail address will be published
with your Submitted Item.
User Conduct
This Web site might include discussion forums or other interactive areas,
including, but not limited to, bulletin boards, and contribution storage and
exchange areas. All such forums and interactive areas shall be used only
for non-commercial purposes. You are solely liable for any material you
upload or transmit to the discussion forums or interactive areas of this
Web site. You agree not to use the Web site to do any of the following:
Upload, post, e-mail,
transmit, distribute or otherwise publish any message, information, text
or other material (“Material”) that we deem to be unlawful,
harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic,
indecent, lewd, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise
objectionable;
Upload or transmit any Material that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national, or international law,
including, without limitation, the regulations of the U.S. Securities
and Exchange Commission, any rules of any securities exchange such as
the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
Upload, e-mail, transmit, or otherwise make available any Material that
might infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity;
Without TackleMaking’ written permission, distribute, publish, or
make available any unsolicited or unauthorized promotions, advertising
or solicitations for funds, goods or services, including junk mail, spam,
and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material
that contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR
ITS CONTENT IS AT YOUR SOLE RISK. TACKLEMAKING, ITS OWNERS, AND SERVICE
PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. TackleMaking DOES NOT REPRESENT OR
WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
OR ERROR-FREE. TackleMaking DOES NOT REPRESENT OR WARRANT THIS WEB SITE
OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
TackleMaking reserves
the right to change any and all Content contained on this Web site at
any time without notice. Reference to any products, services, processes,
or other information, by trade name, trademark, manufacturer, and supplier
or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by TackleMaking.
Limitation
of Liability
IN NO EVENT SHALL TACKLEMAKING OR ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF,
OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED
THROUGH, THIS WEB SITE, EVEN IF TackleMaking HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so some of the above
might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless TackleMaking and its
affiliates, owners, officers, directors, agents, suppliers, and licensors
from and against any and all claims, damages, costs and expenses, including
attorneys’ fees, arising from or related to your use of the Web
site or any Materials or Submissions you provide, including, but not limited
to, any claim by a third party that any Materials or Submissions infringe
or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy
or delete any Material and Submissions at any time and for any reason,
including, but not limited to Material and Submissions, that we deem inappropriate
or which we believe might subject us to any liability. We may access,
use and disclose transaction information about your use of our Web site,
and any Material and Submissions transmitted by you via or in connection
with our Web site, to the extent permitted by law, in order to comply
with the law (e.g., a lawful subpoena); to initiate, render, bill and
collect for our products and services; to protect our rights or property,
or to protect users of our Web site from fraudulent, abusive, or unlawful
use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR
ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS
AGREEMENT BY YOU.
Applicable Law
These terms and conditions shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts, without regard to
its choice of law principles to the contrary. You agree any action at
law or in equity arising out of or relating to these terms and conditions
shall be filed only in the state and federal courts residing in Plymouth
County, Massachusetts, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any
suit, action, or proceeding arising out of this Notice.
Termination
TackleMaking reserves the right, without notice and in its sole discretion
at any time, to terminate your license to use this Web site, to block
or prevent future access to and use of this Web site, and to remove and
discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from this Notice and shall not affect the validity and enforceability
of any remaining provisions.
Copyright Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement must be sent to Service Provider’s
Designated Agent.
Notification
must be submitted via U.S. Postal service to the following Designated
Agent:
Service Provider:
TackleMaking
Name of Agent
Designated to Receive Notification of Claimed Infringement: Erik H. Moore
Full Address
of Designated Agent to Which Notification Should be Sent: 110 Laurel Street,
Bridewater, Massachusetts, 02324, USA
To be effective, the
notification must be a written communication that includes the following:
A physical
or electronic signature of person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
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, its agent, or the law; and
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by
means of a general notice on the Web site, electronic mail to a user’s
e-mail address in our records, or by written communication sent by first-class
mail to a user’s address in our records. TackleMaking may, within
its sole discretion, terminate authorization of users to its Web site
who are repeat infringers.
Contact Us
If you have any questions about this legal notice, the practices of this
Web site, or your dealings with this Web site, please contact us in writing
via U.S. Postal Service at TackleMaking, 110 Laurel St, Bridgewater, MA
02324, USA
|
