1. Definitions.
The Encyclopedia of Bullseye Pistol
("Bullseyepistol.com") is the interactive on-line
service operated by John Dreyer of St. Louis, Missouri
("JD") on the World Wide Web of the Internet,
consisting of information services and content provided by JD,
affiliates of JD and other third parties. "Subscriber"
means each person who establishes or accesses a connection
("Account") for access to and use of
Bullseyepistol.com.
2. General.
(A) This Agreement sets forth the terms and conditions that apply
to use of Bullseyepistol.com by Subscriber. By using
Bullseyepistol.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms
and conditions hereof.
(B) JD shall have the right at any time to change or discontinue
any aspect or feature of Bullseyepistol.com, including, but not
limited to, content, hours of availability, and equipment or
software needed for access or use.
3. Changed Terms.
JD shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of
Bullseyepistol.com, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to,
posting on Bullseyepistol.com, or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice
thereof. Any use of Bullseyepistol.com by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber of
such changes, modifications or additions.
4. Subscriber Conduct.
(A) Bullseyepistol.com contains copyrighted material, trademarks
and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the
entire contents of Bullseyepistol.com are copyrighted as a
collective work under the United States copyright laws.
Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material
will be permitted without the express permission of JD and the
copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or
copyright notice shall be made. Subscriber acknowledges that it
does not acquire any ownership rights by downloading copyrighted
material.
(B) Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any
other harm resulting from submitting any information to
Bullseyepistol.com. By submitting material, Subscriber
automatically grants, or warrants that the owner of such material
has expressly granted JD the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in
such material.
5. Disclaimer of Warranty; Limitation of Liability.
(A) Subscriber expressly agrees that use of Bullseyepistol.com is
at subscriber's sole risk. Neither JD, its affiliates nor any of
their respective employees, agents, third party content providers
or licensors warrant that bullseyepistol.com will be
uninterrupted or error free; nor do they make any warranty as to
the results that may be obtained from use of Bullseyepistol.com,
or as to the accuracy, reliability or content of any information,
service, or merchandise provided through bullseyepistol.com.
(B) Bullseyepistol.com is provided on an "as is" basis
without warranties of any kind, either express or implied,
including, but not limited to, warranties of title or implied
warranties of merchantability or fitness for a particular
purpose, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the
laws applicable to this agreement.
(C) In no event will JD, or any person or entity involved in
creating, producing or distributing bullseyepistol.com or
software provided upon the site, be liable for any damages,
including, without limitation, direct, indirect, incidental,
special, consequential or punitive damages arising out of the use
of or inability to use bullseyepistol.com. Subscriber hereby
acknowledges that the provisions of this section shall apply to
all content on bullseyepistol.com.
(E) Inclusion of links or advertisements to other websites upon
Bullseyepistol.com shall not constitute an endorsement of their
content, products or services. In no event will JD be held liable
for the misconduct, inaccuracy or omissions of information,
legalities or product safety issues from an associated operator
who is referenced in any way on Bullseyepistol.com.
6. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless JD, its
affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of Bullseyepistol.com by
Subscriber or Subscriber's Account.
7. Third Party Content.
In many instances, the content available through
Bullseyepistol.com represents the opinions and judgments of the
respective information provider, Subscriber, or other user not
under contract with JD. Under no circumstances will JD be liable
for any loss or damage caused by a Subscriber's reliance on
information obtained through Bullseyepistol.com. It is the
responsibility of Subscriber to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or
other content available through Bullseyepistol.com. Please seek
the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other
content.
8. Miscellaneous.
This Agreement and any operating rules for Bullseyepistol.com
established by JD constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the State of Missouri, without
regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be
given any legal import.
9. Copyrights.
JD respects the rights of all copyright holders and in this
regard, JD has adopted and implemented a policy that provides for
the termination in appropriate circumstances of subscribers and
account holders who infringe the rights of copyright holders. If
you believe that your work has been copied in a way that
constitutes copyright infringement, please provide JD's Copyright
Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyright 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;
3. 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;
4. Information reasonably sufficient to permit us to contact the
complaining party;
5. 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
6. 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.
For copyright inquiries under the Digital Millennium Copyright
Act, OR for web posting, reprint, transcript or licensing
requests for material contact: