TERMS AND CONDITIONS OF ACCESS AND USE
This Terms and Conditions of Access and Use Agreement (the “Agreement”) applies to Vista Outdoor Inc. and Vista Outdoor Sales LLC, as well as our subsidiaries and affiliates and our trusted family of brands (collectively, “Vista Outdoor”). This Agreement describes the terms and conditions and the general principles applicable to your access and use of websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Vista Outdoor (“Vista Outdoor Sites”). If you do not agree to these terms and conditions of access and use, you should not access or use any Vista Outdoor Site.
By accessing or using a Vista Outdoor Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Vista Outdoor reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion without further notice, effective upon including the revisions on a Vista Outdoor Site. Your continued use of a Vista Outdoor Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and the Privacy Policy from time-to-time to understand the terms and conditions that apply to your access and use of a Vista Outdoor Site.
General Terms.
1 . Use of Site
In consideration of your acceptance of this Agreement and the Privacy Policy, Vista Outdoor grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Vista Outdoor Sites, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Vista Outdoor. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. Vista Outdoor reserves the right to modify or remove any materials, products, or services listed on the Vista Outdoor Sites at any time without further notice. All rights not expressly granted herein are expressly reserved by Vista Outdoor.
2 . Prohibited Use of Site
You shall not make any commercial use of the Vista Outdoor Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Vista Outdoor Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Vista Outdoor. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Vista Outdoor Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by Vista Outdoor to be in conflict with the spirit or intent of this Agreement. You agree to use the Vista Outdoor Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Vista Outdoor Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Vista Outdoor reserves the right to remove any postings or content in violation of this Agreement.
3 . Equipment
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Vista Outdoor Sites including all hardware, software, electrical and other physical requirements for your use of the Vista Outdoor Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Vista Outdoor Sites.
4 . Correction of Errors and Inaccuracies
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
5 . Accessibility
You acknowledge and agree that at times the Vista Outdoor Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Vista Outdoor may undertake from time to time; or (iii) causes which are beyond the control of Vista Outdoor or which are not reasonably foreseeable.
Intellectual Property
1 . Trademarks
The trademarks, service marks, brand names, and logos appearing on the Vista Outdoor Sites (“Marks”) are owned or licensed by Vista Outdoor. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Vista Outdoor.
2 . Copyrighted Works
Copyrights in content provided on the Vista Outdoor Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Vista Outdoor, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Vista Outdoor and any appropriate third party as applicable.
3 . Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Vista Outdoor with the following information in writing (see 17 U.S.C Section 512(c)(3) for further detail):
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 at a single online site are covered by a single notification, a representative list of such works at that site;
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 Vista Outdoor to locate the material;
d. information reasonably sufficient to permit Vista Outdoor to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You may contact Vista Outdoor’s designated Copyright Agent by selecting “Copyright Inquiry” in the dropdown menu in the form found on our Contact Us page, by email at DMCA@vistaoutdoor.com or by writing to DMCA Agent, VISTA IP Department, Vista Outdoor Inc., 1 Vista Way, Anoka, MN 55303 or by calling 763-433-1081.
4 . News Media Exception to Advance Written Permission
Notwithstanding anything to the contrary herein, images from the Vista Outdoor Image Gallery, videos from the Vista Outdoor Video Gallery, and product images and logos provided in the Vista Outdoor Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from Vista Outdoor, provided the reproduction is accompanied by notice that it has been reproduced with permission from Vista Outdoor.
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 at a single online site are covered by a single notification, a representative list of such works at that site;
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 Vista Outdoor to locate the material;
d. information reasonably sufficient to permit Vista Outdoor to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You may contact Vista Outdoor’s designated Copyright Agent by selecting “Copyright Inquiry” in the dropdown menu in the form found on our Contact Us page, by email at DMCA@vistaoutdoor.com or by writing to DMCA Agent, VISTA IP Department, Vista Outdoor Inc., 1 Vista Way, Anoka, MN 55303 or by calling 763-433-1081.
5. Confidential Information
Do not use the Vista Outdoor Sites as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. You grant to Vista Outdoor a non-exclusive license to use any review or feedback content that constitutes a “covered communication” as defined in the Consumer Review Fairness Act (“Review”). Except as otherwise expressly provided herein or in a written agreement with Vista Outdoor applicable to your particular use of a Vista Outdoor Site, you agree that any material that does not constitute a Review, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to Vista Outdoor, or postings on the Vista Outdoor Sites (herein “Material”), are non-confidential (subject to the Vista Outdoor Privacy Policy) and will be considered a contribution to Vista Outdoor for its free and further use in its sole discretion. Vista Outdoor shall be entitled to the unrestricted use of Material for any purpose, commercial or otherwise, without any compensation to you.
Links
The Vista Outdoor Sites may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Vista Outdoor with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Vista Outdoor is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. VISTA OUTDOOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Vista Outdoor Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to a Vista Outdoor Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Vista Outdoor. Vista Outdoor may not even be aware that a third party has linked to the Vista Outdoor Site.