Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the sportsmansparadise.com domain name, the "sportsmansparadise Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF YOUTUBE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.sportsmansparadise.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.

If you do not agree to any of these terms, then please do not use the sportsmansparadise Website.

2. sportsmansparadise Website

These Terms of Service apply to all users of the sportsmansparadise Website, including users who are also contributors of video content, information, and other materials or services on the Website. The sportsmansparadise Website may contain links to third party websites that are not owned or controlled by sportsmansparadise. sportsmansparadise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, sportsmansparadise will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve sportsmansparadise from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the sportsmansparadise Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. sportsmansparadise hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without sportsmansparadise's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify sportsmansparadise immediately of any breach of security or unauthorized use of your account. Although sportsmansparadise will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of sportsmansparadise or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the sportsmansparadise servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, sportsmansparadise grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. sportsmansparadise reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the sportsmansparadise Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to sportsmansparadise, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. sportsmansparadise reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the sportsmansparadise Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the sportsmansparadise Website or the Content therein.

5. User Submissions

A. The sportsmansparadise Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, sportsmansparadise does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize sportsmansparadise to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to sportsmansparadise, you hereby grant sportsmansparadise a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the sportsmansparadise Website and sportsmansparadise's (and its successor's) business, including without limitation for promoting and redistributing part or all of the sportsmansparadise Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the sportsmansparadise Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the sportsmansparadise Website.

C. In connection with User Submissions, you further

agree that you will not: (i) submit material that is copyrighted, protected by

trade secret or otherwise subject to third party proprietary rights, including

privacy and publicity rights, unless you are the owner of such rights or have

permission from their rightful owner to post the material and to grant sportsmansparadise

all of the license rights granted herein; (ii) publish falsehoods or

misrepresentations that could damage sportsmansparadise or any third party; (iii) submit

material that is unlawful, obscene, defamatory, libelous, threatening,

pornographic, harassing, hateful, racially or ethnically offensive, or

encourages conduct that would be considered a criminal offense, give rise to

civil liability, violate any law, or is otherwise inappropriate; (iv) post

advertisements or solicitations of business: (v) impersonate another person.

sportsmansparadise does not endorse any User Submission or any opinion, recommendation, or

advice expressed therein, and sportsmansparadise expressly disclaims any and all liability

in connection with User Submissions. sportsmansparadise does not permit copyright

infringing activities and infringement of intellectual property rights on its

Website, and sportsmansparadise will remove all Content and User Submissions if properly

notified that such Content or User Submission infringes on another's

intellectual property rights. sportsmansparadise reserves the right to remove Content and

User Submissions without prior notice. sportsmansparadise will also terminate a User's

access to its Website, if they are determined to be a repeat infringer. A

repeat infringer is a User who has been notified of infringing activity more

than twice and/or has had a User Submission removed from the Website more than

twice. sportsmansparadise also reserves the right to decide whether Content or a User

Submission is appropriate and complies with these Terms of Service for

violations other than copyright infringement and violations of intellectual

property law, such as, but not limited to, pornography, obscene or defamatory

material, or excessive length. sportsmansparadise may remove such User Submissions and/or

terminate a User's access for uploading such material in violation of these

Terms of Service at any time, without prior notice and at its sole discretion.

D. In

particular, if you are a copyright owner or an agent thereof and believe that

any User Submission or other content infringes upon your copyrights, you may

submit a notification pursuant to the Digital Millennium Copyright Act

("DMCA") by providing our Copyright Agent with the following

information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical

or electronic signature of a person authorized to act on behalf of the owner of

an exclusive right that is allegedly infringed;

(ii)

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;

(iii)

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 the service

provider to locate the material;

(iv) Information

reasonably sufficient to permit the service provider to contact you, such as an

address, telephone number, and, if available, an electronic mail;

(v) A statement

that you have a good sports belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law;

and

(vi) A statement

that the information in the notification is accurate, and under penalty of

perjury, that you are authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed.

sportsmansparadise's

designated Copyright Agent to receive notifications of claimed infringement is:

abuse@sportsmansparadise.com. For clarity, only

DMCA notices should go to the Copyright Agent; any other feedback, comments,

requests for technical support, and other communications should be directed to

sportsmansparadise customer service at admin@sportsmansparadise.com.

You acknowledge that if you fail to comply with all of the requirements of this

Section 5(D), your DMCA notice may not be valid.

E. You

understand that when using the sportsmansparadise Website, you will be exposed to User

Submissions from a variety of sources, and that sportsmansparadise is not responsible for

the accuracy, usefulness, safety, or intellectual property rights of or

relating to such User Submissions. You further understand and acknowledge that

you may be exposed to User Submissions that are inaccurate, offensive, indecent,

or objectionable, and you agree to waive, and hereby do waive, any legal or

equitable rights or remedies you have or may have against sportsmansparadise with respect

thereto, and agree to indemnify and hold sportsmansparadise, its Owners/Operators,

affiliates, and/or licensors, harmless to the fullest extent allowed by law

regarding all matters related to your use of the site.

F. sportsmansparadise

permits you to link to materials on the Website for personal, non-commercial

purposes only. In addition, sportsmansparadise provides an "Embeddable Player"

feature, which you may incorporate into your own personal, non-commercial

websites for use in accessing the materials on the Website, provided that you

include a prominent link back to the sportsmansparadise website on the pages containing

the Embeddable Player. sportsmansparadise reserves the right to discontinue any aspect of

the sportsmansparadise Website at any time.

6. Warranty Disclaimer

YOU AGREE THAT

YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST

EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND

AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE

WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS

ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY

SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND

USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM

OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS

OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE

OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY

TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND

THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE

YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT

SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS

TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR

THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD

PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,

EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND

WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE

FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY

LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY

ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE

DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK

OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is

controlled and offered by sportsmansparadise from its facilities in the United States of

America. sportsmansparadise makes no representations that the

sportsmansparadise Website is appropriate or available for use in other locations. Those

who access or use the sportsmansparadise Website from other jurisdictions do so at their

own volition and are responsible for compliance with local law.

8. Indemnity

You agree to

defend, indemnify and hold harmless sportsmansparadise, its parent corporation, officers,

directors, employees and agents, from and against any and all claims, damages,

obligations, losses, liabilities, costs or debt, and expenses (including but

not limited to attorney's fees) arising from: (i) your use of and access to the

sportsmansparadise Website; (ii) your violation of any term of these Terms of Service;

(iii) your violation of any third party right, including without limitation any

copyright, property, or privacy right; or (iv) any claim that one of your User

Submissions caused damage to a third party. This defense and indemnification

obligation will survive these Terms of Service and your use of the sportsmansparadise

Website.

9. Ability to Accept Terms of Service

You affirm that

you are either more than 18 years of age, or an emancipated minor, or possess

legal parental or guardian consent, and are fully able and competent to enter

into the terms, conditions, obligations, affirmations, representations, and

warranties set forth in these Terms of Service, and to abide by and comply with

these Terms of Service. In any case, you affirm that you are over the age of

13, as the sportsmansparadise Website is not intended for children under 13. If you are under 13 years of age, then please do not

use the sportsmansparadise Website—there are lots of other great web sites for you. Talk

to your parents about what sites are appropriate for you.

10. Assignment

These Terms of

Service, and any rights and licenses granted hereunder, may not be transferred

or assigned by you, but may be assigned by sportsmansparadise without restriction.

11. General

You agree that:

(i) the sportsmansparadise Website shall be deemed solely based in New York; and (ii) the sportsmansparadise

Website shall be deemed a passive website that does not give rise to personal

jurisdiction over sportsmansparadise, either specific or general, in jurisdictions other

than New York. These Terms of Service

shall be governed by the internal substantive laws of the State of New York, without respect to its

conflict of laws principles. Any claim or dispute between you and sportsmansparadise that

arises in whole or in part from the sportsmansparadise Website shall be decided exclusively

by a court of competent jurisdiction located in Kings County, New York. These Terms of Service,

together with the Privacy Notice at http://www.sportsmansparadise.com/privacy and any

other legal notices published by sportsmansparadise on the Website, shall constitute the entire

agreement between you and sportsmansparadise concerning the sportsmansparadise Website. If any

provision of these Terms of Service is deemed invalid by a court of competent

jurisdiction, the invalidity of such provision shall not affect the validity of

the remaining provisions of these Terms of Service, which shall remain in full

force and effect. No waiver of any term of this these Terms of Service shall be

deemed a further or continuing waiver of such term or any other term, and

sportsmansparadise's failure to assert any right or provision under these Terms of Service

shall not constitute a waiver of such right or provision. sportsmansparadise reserves the

right to amend these Terms of Service at any time and without notice, and it is

your responsibility to review these Terms of Service for any changes. Your use

of the sportsmansparadise Website following any amendment of these Terms of Service will

signify your assent to and acceptance of its revised terms. YOU AND sportsmansparadise

AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE sportsmansparadise WEBSITE

MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,

SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.