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Terms
of Use
The Bottle Cap Lure Company
Website, (http://www.bottlecaplure.com) Access Agreement
Please read this Agreement carefully before accessing the The Bottle
Cap Lure Company website. As a condition to and in consideration
of receiving and accessing The Bottle Cap Lure Company website,
the User agrees to be bound by the terms of this Agreement. Use
of or access to The Bottle Cap Lure Company website shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS The Bottle
Cap Lure Company website or any of it's affilate sites. If you have
any questions about this Agreement, please contact us via e-mail
at
The Bottle
Cap Lure Company Website Access Agreement THIS AGREEMENT
"Agreement" is entered into by and between The Bottle Cap
Lure Company and any individual, corporation, association, agency,
company, or other entity that accesses or uses the The Bottle Cap
Lure Company website (the "User" or "you").
The
Bottle Cap Lure Company website , which is provided without charge
to you, is a World Wide Web site on the Internet that is designed
to give you information about our services. The Bottle Cap Lure
Company website is owned and operated by The Bottle Cap Lure Company
Ltd. The Bottle Cap Lure Company website contains or may contain
information, communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music, sounds and
other material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally
accessible to Users.
1.
User Rights and Responsibilities
1.1
Access to the The Bottle Cap Lure Company website.
You
are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to the
Internet and access The Bottle Cap Lure Company website and are
responsible for all Internet access charges, telephone charges or
other fees or charges incurred in connecting to the Internet and
accessing The Bottle Cap Lure Company website .
1.2
User Conduct.
You
agree to access and use The Bottle Cap Lure Company website only
for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of The Bottle Cap Lure Company website
, including any Interactive Area, (ii) the use of any networks or
other services connected to The Bottle Cap Lure Company website
, and (iii) the communications means by which you connect your modem,
computer, or other equipment to The Bottle Cap Lure Company website.
By accessing The Bottle Cap Lure Company website, you agree that
you will not:
(1)
Restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2)
Post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state,
national, or international law;
(3)
Post or transmit any information, software, or other material which
violates or infringes in the rights of others, including material
which is an invasion of privacy or publicity rights or which is
protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission
from the owner or right holder.
(4)
Post or transmit any information, software or other material which
contains a virus or other harmful component;
(5)
Alter, damage or delete any Content or other communications that
are not your own Content or to otherwise interfere with the ability
of others to access The Bottle Cap Lure Company website;
(6)
Disrupt the normal flow of communication in an Interactive Area;
(7)
Claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized
to claim such a relationship;
(8)
Violate any operating rule, policy or guideline of your Internet
access provider or online service.
2.
Intellectual Property Rights
2.1
The Bottle Cap Lure Company website content.
(a)
You acknowledge that Content on The Bottle Cap Lure Company website
is generally provided by The Bottle Cap Lure Company , individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that The Bottle Cap
Lure Company permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these
Intellectual Property Rights are valid and protected in all media
existing now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that The Bottle
Cap Lure Company owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and presentation
of such Content.
(b)
You may not modify, copy, reproduce, transmit, distribute, publish,
create derivative works from, display or otherwise transfer or commercially
exploit any of the Content, in whole or in part, provided, however,
that you may (i) make a reasonable number of digital or other form
of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content,
(iii) make and distribute a reasonable number of copies of Content,
in whole or in part, in hard copy or electronic form for internal
use only. Any permitted copies of Content must reproduce in an unmodified
form any notices contained in the Content, such as all Intellectual
Property Right notices, and an original source attribution to "The
Bottle Cap Lure Company " and its URL address. You acknowledge
that The Bottle Cap Lure Company , its Contributors, and/or Users
remain the owners of the Content and that you do not acquire any
Intellectual Property Rights by downloading
or printing Content.
2.2
Content Provided by User.
You
may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through The Bottle Cap Lure
Company website only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on The Bottle Cap Lure Company website , without
restriction whatsoever. Any Content submitted with the consent of
a copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to The Bottle Cap
Lure Company the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sublicense,
distribute, perform, and display such 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 Intellectual Property Rights that may exist in such Content.
You also permit The Bottle Cap Lure Company to sublicense to third
parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any
User to access, view, store and reproduce the Content for personal
use.
3.
Interactive Areas
You
acknowledge that The Bottle Cap Lure Company website may include
various interactive areas ("Interactive Areas"), including
but not limited to Message Boards. These Interactive Areas allow
feedback to The Bottle Cap Lure Company and real-time interaction
between users. You further understand that The Bottle Cap Lure Company
does not control the messages, information, or files delivered to
such Interactive Areas and that The Bottle Cap Lure Company may
offer you and other Users the capability of creating and managing
an Interactive Area. However, neither The Bottle Cap Lure Company
, its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible
for Content within any Interactive Area. Your use and/or management
of an Interactive Area will be governed by this Agreement and any
additional rules or operating procedures of any Interactive Area
established by you or another User, as applicable. You recognize
that The Bottle Cap Lure Company cannot, and does not intend to,
screen communications in advance. Moreover, because The Bottle Cap
Lure Company encourages open and candid communication in the Interactive
Areas, The Bottle Cap Lure Company cannot determine in advance the
accuracy or conformance to this Agreement of any Content transmitted
in an Interactive Area. The Bottle Cap Lure Company is not responsible
for screening, policing, editing, reviewing or monitoring any Content
in an Interactive Area. Notwithstanding the above, you agree that
The Bottle Cap Lure Company has the right to monitor any Interactive
Area, from time to time and to disclose any information as necessary
to satisfy any law, regulation or other governmental request, to
operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this Agreement,
The Bottle Cap Lure Company may investigate the allegation and determine
in its sole discretion whether to remove or request the User to
remove such Content. The Bottle Cap Lure Company reserves the right
to prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in whole
or in part, which it deems in its sole discretion to (i) violate
the then-standard provisions of this Agreement or any other standard,
written The Bottle Cap Lure Company policy in effect at that time,
(ii) be harmful to the rights of any User, The Bottle Cap Lure Company
, or other third parties, (iii) violate applicable law, or (iv)
be otherwise objectionable.
4.
Termination
The
only right with respect to dissatisfaction with any policies, guidelines,
or practices of The Bottle Cap Lure Company in operating The Bottle
Cap Lure Company website, or any change in Content, is for you to
discontinue accessing The Bottle Cap Lure Company website. The Bottle
Cap Lure Company may terminate or temporarily suspend your access
to all or any part of The Bottle Cap Lure Company website, without
notice, for conduct that The Bottle Cap Lure Company believes is
a violation of this Agreement or any policies or guidelines posted
by The Bottle Cap Lure Company , or for other conduct which The
Bottle Cap Lure Company believes, in its sole discretion, is harmful
to The Bottle Cap Lure Company or other Users. The Bottle Cap Lure
Company may discontinue operating The Bottle Cap Lure Company website
and terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you
are no longer authorized to access The Bottle Cap Lure Company website,
including the Interactive Areas, and the restrictions imposed on
you with respect to Content downloaded from The Bottle Cap Lure
Company website, as well as the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links.
You understand that except for Content, products or services expressly
available at The Bottle Cap Lure Company website, neither The Bottle
Cap Lure Company , its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services available
through sites on the Internet linked to or from The Bottle Cap Lure
Company website. All such Content, goods and services are made accessible
on the Internet by independent third parties and are not part of
The Bottle Cap Lure Company website or controlled by The Bottle
Cap Lure Company. The Bottle Cap Lure Company neither endorses nor
is responsible for the accuracy, completeness, usefulness, quality
or availability of any Content, goods or services available on any
site linked to or from The Bottle Cap Lure Company website, which
are the sole responsibility of such independent third parties, and
your use thereof is solely at your own risk. Neither The Bottle
Cap Lure Company , its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees, and agents shall
be held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused by your use of or
reliance on any Content, goods or services available on any site
linked to or from The Bottle Cap Lure Company website or your inability
to access the Internet or any site linked to or from The Bottle
Cap Lure Company website.
5.2
Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on The Bottle Cap Lure Company website. It
is the policy of The Bottle Cap Lure Company not to endorse or oppose
any opinion expressed by a User or Content provided by a User, Contributor,
or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF
The Bottle Cap Lure Company website IS AT YOUR SOLE RISK. NEITHER
The Bottle Cap Lure Company NOR ANY OF ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT The
Bottle Cap Lure Company OR ANY INTERNET SITE LINKED TO OR FROM The
Bottle Cap Lure Company website WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF BOTTLECAPLURE.COM OR ANY INTERNET SITE LINKED TO OR FROM BOTTLECAPLURE.COM
OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE
OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH
The Bottle Cap Lure Company website OR ANY SITE LINKED TO OR FROM
The Bottle Cap Lure Company website. The Bottle Cap Lure Company
website IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.3
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL The Bottle
Cap Lure Company , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, The Bottle Cap Lure
Company website, OR ANY INTERNET SITE LINKED TO OR FROM The Bottle
Cap Lure Company website, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER
NO CIRCUMSTANCES SHALL The Bottle Cap Lure Company , ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN The Bottle
Cap Lure Company website OR THE CONTENT CONTAINED WITHIN ANY INTERNET
SITE LINKED TO OR FROM The Bottle Cap Lure Company website. THE
CONTENT WITHIN The Bottle Cap Lure Company website AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM The Bottle Cap Lure Company
website MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE
CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF The Bottle Cap Lure
Company website AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
The Bottle Cap Lure Company AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT The Bottle Cap Lure Company
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY The
Bottle Cap Lure Company SITE CONTENT, OR WITH THE ACCESS AGREEMENT
OF The Bottle Cap Lure Company , IN WHOLE OR IN PART, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Bottle Cap Lure
Company website.
6.
Indemnity
You
agree to indemnify and hold The Bottle Cap Lure Company , its parent
or subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities,
claims and expenses, including reasonable attorneys fees, arising
from breach of this Agreement, any other policy, your use or access
of The Bottle Cap Lure Company website or any Internet site linked
to or from The Bottle Cap Lure Company website, or in connection
with the transmission of any Content on The Bottle Cap Lure Company
website.
7.
Miscellaneous
This
Agreement comprises the entire agreement between The Bottle Cap
Lure Company and you, and supersedes any prior agreements with respect
to the subject matter herein. The Bottle Cap Lure Company may revise
this Agreement or any other policy at any time and from time to
time, and such revision shall be effective two (2) days upon posting
notice of such revision prominently on The Bottle Cap Lure Company
website. You agree to review this Agreement periodically to be aware
of such revisions. If any such revision is unacceptable to you,
you must discontinue accessing The Bottle Cap Lure Company website.
Your continued accessing and use of The Bottle Cap Lure Company
website following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of Sections
1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination
or expiration of this Agreement. If any provision of this Agreement
or any other policy be held invalid or unenforceable, that portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties and the
remaining portions will continue in full force and effect. The failure
of The Bottle Cap Lure Company to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall be governed
by the laws of the state or province of domicile of The Bottle Cap
Lure Company, excluding its conflict of laws rules, and you and
The Bottle Cap Lure Company each submit to the exclusive jurisdiction
of the courts of that state or province. This Agreement is personal
to you and you may not assign your rights or obligations there under
to anyone. All logos, brand names, products, trademarks and service
marks appearing herein may be the trademarks or service marks of
their respective owners. References to any trademark, service mark
and links to or from The Bottle Cap Lure Company website have been
done strictly for clarification and identification and does not
constitute endorsement by The Bottle Cap Lure Company of the products,
services or information offered by the owner of such trademark,
service mark or link or endorsement of The Bottle Cap Lure Company
by such trademark, service mark or link owner.
Staff
Bottle Cap Lure Company
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