Terms of Service:
Please read these Terms of Service (the “Terms”) for social engagement marketing services and other related services offered by Eagle Game and Hobby (“Brand”) solely through Brand’s Internet properties (the “Site”) and third party platforms and services approved by Brand (e.g., Facebook, Twitter, mobile devices, etc.) (“Third Party Sites”), and any applications offering the social engagement marketing services and other related services via a mobile device (each an “App”) (the Site, Apps, and any access through Third Party Sites are, collectively, the “Services”), carefully before using the Services including any communication channels (such as forums, communities, messaging or photo streams) available on or through the Services (each a “Communication Channel”).
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND BRAND, THE OWNER AND OPERATOR OF THE SERVICES. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
USE OF SERVICES
MATERIALS SUBMITTED TO THE SERVICES; LICENSE GRANT FROM YOU TO BRAND
OTHER PROHIBITED ACTIVITIES.
DISCLAIMER OF CERTAIN MATERIALS
INTELLECTUAL PROPERTY RIGHTS
LINKS TO THIRD PARTY SITES
LIMITATION OF LIABILITY
TERM AND TERMINATION
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
1.1 Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
1.2 Changes to these Terms. The Site and portions of the Services are owned and operated by Brand. Brand reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site or on or within the Service. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Services after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and Brand that arose prior to the date of such revision.
2.1 General. Brand may provide the Services through the Site, Apps, Third Party Sites, other channels owned or operated by or on behalf of Brand, and any other media or channels now known or hereafter developed. The Services may occasionally require that you agree to additional terms and conditions in order to use the Services, including those of Third Party Sites. Any terms and conditions required by Brand for use of any portion of the Services, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate and are hereby incorporated into and made a part of these Terms by reference. You may also be subject to the terms of service of any Third Party Sites and you are solely responsible for your acceptance of and compliance with such terms. You should review the terms of service and privacy policies of Third Party Sites before using such Third Party Sites.
You are responsible for obtaining at your own expense all equipment and services needed to access the Services. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
2.2 Coupon Redemption. Any coupon collected through use of the Services is void if sold, exchanged, copied, transferred, or altered and where prohibited. Such actions are illegal and constitute fraud. Brand is not liable for coupons that are lost or stolen. Products purchased before or after the dates of coupon validity are not eligible for the related offer. Coupons may not be applied to taxes or shipping charges. Submitting false claims in order to receive the benefits of a coupon or promotion may make you ineligible for future participation in Brand’s promotional programs and may subject you to liability. Brand is not responsible for printing or other human errors relating to the relevant coupon. All decisions by Brand or its program administrator are final.
4.1 Personal Security. You should not disclose personal information, such as your name, address, place of employment, etc., to strangers that would enable them to locate you offline, while communicating with others via a Communication Channel.
4.2 Service Security. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at Brand’s sole discretion. Brand reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
5.1 User Content. This section governs any material that you upload or transmit to or through the Services including, without limitation, comments, messages, photographs, or any other form of copyrighted material (collectively, “User Content”). You are solely responsible for all User Content you submit to or through the Services.
5.2 Retention of Your Intellectual Property Rights. BY UPLOADING OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU MAY HAVE IN YOUR USER CONTENT. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
5.3 License Grants. Except as expressly provided in this document, you hereby grant Brand an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, make available, publicly perform (including by means of digital audio transmissions) on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Content you upload to or through the Services, through any media and formats now known or hereafter developed, including through Third Party Sites and Apps; to advertise, market, and promote your User Content, Brand, and the Services; and to sublicense any User Content, in each of the foregoing instances, in Brand’s sole discretion.
5.4 Waiver of Rights. You expressly release Brand from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content.
5.5 Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to upload or transmit to or through the Services, then you must not upload the User Content to the Service.
5.6 Confirmation of Rights. If you fail to provide us with confirmation of your right to post any User Content upon request, we reserve the right to remove any or all of your User Content from the Services and to suspend or terminate your account with Brand. We will have no liability to you for any actions taken by us pursuant to this Section 5.6.
5.7 Rights for Third Party Sites; Through-to-the-Audience Rights. The rights granted by you in these Terms include the right of Brand to Use User Content you upload or submit to the Services through the Site and Third Party Sites and all of the rights granted herein by you are provided on a through-to-the-audience basis, meaning the owners or operators of such Third Party Sites or Apps will not have any separate liability to you or any other third party for User Content.
5.8 Representations and Warranties with Respect to User Content. By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to Brand that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content; (b) the Use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require Brand or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party; and (c) any User Content is truthful, accurate, not misleading, offered in good faith, and not abusive, threatening or obscene.
6.1 Log In Credentials. In order to use certain of the Services you may have to register for an account on the Service or log in using your Facebook or Twitter credentials. When registering or collecting or redeeming coupons collected through the Services you may be required to provide Brand with certain personal information. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. Brand will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Brand of such unauthorized use or loss of your credentials. You understand that on certain Brand websites or Third Party Sites your user account number, name and/or profile picture will be publicly available and that search engines may index your name and profile photo.
6.2 Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by Brand. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, Brand reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
7.1 General. Brand may provide Communication Channels in which users of the Services may communicate with one another. Any violation by you of the following terms and conditions regarding the Communication Channels may result in termination of your right to post messages to Communication Channels or to your use of the Services, in Brand’s sole discretion and without any liability to you.
7.2 Safety. Please keep in mind when choosing a screen name that whenever you use a Communication Channel, your screen name will automatically appear with your posted message. You should therefore choose your screen name carefully. Brand may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive in Brand’s sole discretion.
7.3 Information in Submitted Messages.
(a) Limitations on Postings. We make no guarantees that postings you make will be removed from a Communication Channel, the Services or any Third Party Sites, even following the termination of your account. You are responsible for any User Content you include in a post, and assume all liability arising out of a post.
(b) No Confidentiality. Any messages or User Content that you post in a Communication Channel will be considered non-confidential and non-proprietary, and treated as such by Brand, and may be used by Brand and others for any purpose with or without notice to you.
7.4 License Grant for Communication Channel Postings. In addition to the license grant to User Content, you further grant Brand a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to any concepts, know-how, ideas or inventions that you post to a Communication Channel.
7.5 Monitoring User Content; Removal of Communication Channel Postings.
(A) RIGHT OF REMOVAL. BRAND DOES NOT CONTROL USER CONTENT, WHICH INCLUDES COMMUNICATION CHANNEL POSTINGS, AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH USER CONTENT FOR ANY PURPOSE. FURTHER, BRAND HAS NO OBLIGATION TO PERMIT USER CONTENT TO BE MADE AVAILABLE ON OR THROUGH THE SERVICES. BRAND MAY CHOOSE, IN ITS SOLE DISCRETION, TO MONITOR, REVIEW, OR OTHERWISE ACCESS SOME OR ALL USER CONTENT, BUT BRAND ASSUMES NO RESPONSIBILITY FOR THE USER CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE USER CONTENT, OR TO MONITOR, REVIEW, OR OTHERWISE ACCESS OTHER USER CONTENT, AND BRAND ASSUMES NO RESPONSIBILITY FOR THE CONDUCT OF THE THIRD PARTY OR USER SUBMITTING OR TRANSMITTING ANY USER CONTENT TO OR THOUGH THE SERVICES. YOU ACKNOWLEDGE THAT BRAND MAY OR MAY NOT PRE-SCREEN USER CONTENT, AND THAT BRAND AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION), IN THEIR SOLE DISCRETION, TO PRE-SCREEN, REFUSE, OR REMOVE ANY USER CONTENT THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, BRAND AND ITS DESIGNEES MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, REMOVE ANY USER CONTENT THAT, IN THE SOLE JUDGMENT OF BRAND, VIOLATE THESE TERMS, ARE OTHERWISE OBJECTIONABLE, OR FOR ANY OTHER REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. YOU AGREE THAT YOU WILL EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY USER CONTENT OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR LEGALITY OF SUCH USER CONTENT OR OTHER CONTENT. BRAND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES.
(b) Reporting of User Content. If you locate any User Content on or through the Services that you find offensive or objectionable, you may report such User Content to Brand by sending an email to [EMAIL_SUPPORT]. Brand reserves the sole right, but not the obligation, to remove any message that it deems inappropriate in its sole and absolute discretion and without any liability to you.
7.6 No Endorsement. Brand does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Communication Channel. The opinions expressed in any Communication Channel posting are to be attributed solely to the person or entity that posted such message. Any reliance you place on material or information set forth in a posted message will be at your own risk.
In addition to the other prohibitions in the Terms, you agree not to:
(a) Share your password, let anyone else access your account, transfer your account or do anything else that might jeopardize the security of your account;
(b) Upload or otherwise transmit to the Services any information that is unlawful, harmful, harassing, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind or information that contains a link to such objectionable material;
(c) Solicit or attempt to solicit personal information from other users of the Services;
(d) Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
(e) Upload material that is damaging to computer systems or data of Brand or other users of the Service (e.g. a virus, Trojan horse, or other malicious code);
(f) Use any scraper, spider, or other automated means to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services;
(g) Create a false identity, provide false personal information or impersonate another person or entity in any way;
(h) Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof;
(i) Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit the Services or content obtained through the Services, for any purpose other than expressly permitted by these Terms;
(j) Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers; or
(k) Violate any applicable federal, state or local laws or regulations or these Terms.
WHEN USING THE SERVICES YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER CONTENT FROM A VARIETY OF SOURCES. BRAND IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH MATERIALS AND YOU WAIVE ANY AND ALL CLAIMS AGAINST BRAND THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH MATERIALS.
10.1 Generally. The (i) content, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding User Content, (ii) design rights, databases and compilations, (iii) trademarks, service marks, logos and trade names, made available on or through the Services may be protected by copyright, patent, trademark or other intellectual property rights and owned by Brand or third party licensors of Brand. No material made available on or through the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Brand or its licensors, unless you have obtained express written authorization to the contrary
10.2 No Implied Rights. There are no implied licenses granted in these Terms.
11.1 Any links to Third Party Sites found on the Services are for convenience only and if you use these links, you will leave the Services. Brand is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Brand is affiliated with the owners of such Third Party Sites. Brand does not endorse or approve of the organizations sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
11.2 YOU AGREE THAT BRAND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICES.
You agree to indemnify, defend, and hold harmless Brand and other Brand users who Use any User Content you upload to or make available on the Services, from all damages, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content, including Brand’s or any user’s Use of your User Content consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights. Notwithstanding the foregoing, Brand reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Brand if Brand, in its reasonable discretion, concludes that you are not adequately protecting Brand’s interests, and you agree to cooperate with Brand’s defense of these claims. You agree not to settle any matter without the prior written consent from Brand. Brand will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13.1 THE SERVICES, USER CONTENT, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
13.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAND HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAND DOES NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
IN NO EVENT WILL BRAND BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; (3) ANY COUPONS OR OTHER INCENTIVES OFFERED BY THIRD PARTIES THROUGH THE SERVICES; AND (4) CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF BRAND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRAND BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT OF FEES YOU HAVE PAID BRAND IN THE 180 DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15.1 Term. These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect throughout your use of the Services.
15.2 Termination by Brand. Brand may terminate your use of the Services or any of its features or services at any time and for any reason, with or without notice, for conduct violating these Terms or upon Brand’s sole determination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed. Upon Brand’s termination of your use of the Services, Brand may, but shall not be required to, delete any of your User Content available on or through the Services and terminate your access to your User Content if those materials remain on the Service, without any liability to you.
15.3 Termination by You. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to [EMAIL_SUPPORT] or using any other account termination functionality that may be offered through the Services.
If you are a copyright owner or an agent thereof, and you believe that any content posted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright
Agent with the following information in writing (see 17 U.S.C. S 512(c)(3) for further detail):
(a) 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 on the Service are covered by a single notification, a representative list of such works at the Service;
(c) 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 Brand to locate the material;
(d) Information reasonably sufficient to permit Brand 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;
(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, its agent, or the law; and
(f) 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.
The Brand Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Eagle Game and Hobby, or by email at: [EMAIL_SUPPORT]. For clarity, only DMCA notices should go to the Brand Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Brand customer service through [EMAIL_SUPPORT]. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.