Welcome to the internet sites of Outdoor Channel. "Outdoor Channel Sites" include ammarksman.com, outdoorchannel.com, motv.com, majorleaguefishing.com, downrange.tv and cascity.com and other Internet sites on which these terms of use are posted. Outdoor Channel and any and all entities that control, are controlled by, or are affiliated under common control with, Outdoor Channel are collectively referred to herein as "we," "us" or "our."
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OUTDOOR CHANNEL SITE. By using any Outdoor Channel Site you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Outdoor Channel Sites.
Note that special terms apply to some services offered on certain Outdoor Channel Sites, like subscription-based services or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.
Our postal address is: 1000 Chopper Circle, Denver, CO 80204. We can be reached via the Contact Us page.
Last updated May 14, 2015.
Use of Content on the Outdoor Channel Sites
All content contained on the Outdoor Channel Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is owned by us and is Outdoor Channel's exclusive property, our licensors or content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Outdoor Channel Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Outdoor Channel Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, programming, information, software or products obtained from the Outdoor Channel Sites, or use of the Outdoor Channel Sites for purposes competitive to Outdoor Channel, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Outdoor Channel Sites as it may be updated from time to time. Outdoor Channel reserves the right to refuse or cancel any person's registration for the Outdoor Channel Sites, remove any person from the Outdoor Channel Sites or prohibit any person from using the Outdoor Channel Sites for any reason whatsoever. Outdoor Channel, or its licensors or content providers, retain full and complete title to the content and material provided on the Outdoor Channel Sites, including all associated intellectual property rights, and provide this content/material to you under a license that is revocable at any time in Outdoor Channel's sole discretion. Outdoor Channel neither warrants nor represents that your use of materials on the Outdoor Channel Sites will not infringe rights of third parties not affiliated with Outdoor Channel.
You may not use contact information provided on the Outdoor Channel Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Outdoor Channel Sites or to surreptitiously intercept any system, data or personal information from the Outdoor Channel Sites. You agree not to interrupt or attempt to interrupt the operation of the Outdoor Channel Sites in any way. Outdoor Channel reserves the right, in its sole discretion, to limit or terminate your access to or use of the Outdoor Channel Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Outdoor Channel may be entitled at law or in equity. You or third parties acting on your behalf are not allowed to frame the Outdoor Channel Sites or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Outdoor Channel and BRING THE OUTDOORS HOME. You may not use frames or utilize framing techniques or technology to enclose any content included on the Outdoor Channel Sites without Outdoor Channel's express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without Outdoor Channel's express written consent.
Accuracy, Completeness and Timeliness of Information on Outdoor Channel Sites
Outdoor Channel is not responsible if information made available on the Outdoor Channel Sites is not accurate, complete or current. The material on the Outdoor Channel Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Outdoor Channel Sites is at your own risk. Our sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Outdoor Channel Sites at any time, but we have no obligation to update any information on the Outdoor Channel Sites. You agree that it is your responsibility to monitor changes to the Outdoor Channel Sites.
Accounts
Some features that may be available on the Outdoor Channel Sites require registration. By registering at and in consideration of your use of the Outdoor Channel Sites you agree to provide true, accurate, current and complete information about yourself.
Some features on the Outdoor Channel Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Outdoor Channel immediately. Outdoor Channel may assume that any communications Outdoor Channel receives under your password have been made by you unless Outdoor Channel receives notice otherwise.
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of any Outdoor Channel Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Outdoor Channel Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the submissions you distribute on or through any Outdoor Channel Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to submissions you distribute.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Outdoor Channel Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Outdoor Channel Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Outdoor Channel Sites.
If you do submit material, and unless we indicate otherwise, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that we are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant us and our affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Outdoor Channel Sites will be handled in accordance with our online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
Rules Of Conduct
The following Rules of Conduct apply to the Outdoor Channel Sites. By using the Outdoor Channel Sites, you agree that you will not submit and distribute any submission that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Outdoor Channel Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Outdoor Channel Sites; or
- does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Links
The Outdoor Channel Sites may contain links to other websites, some of which are operated by us or our affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Outdoor Channel Sites are our registered and unregistered trademarks, our licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Outdoor Channel Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Outdoor Channel Sites without the owner's prior written permission, except as otherwise described herein. We reserves all rights not expressly granted in and to the Outdoor Channel Sites and its content. The Outdoor Channel Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
DISCLAIMERS
YOUR USE OF THE OUTDOOR CHANNEL SITES IS AT YOUR SOLE RISK. THE OUTDOOR CHANNEL SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE OUTDOOR CHANNEL SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE OUTDOOR CHANNEL SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE OUTDOOR CHANNEL SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE OUTDOOR CHANNEL SITES WILL BE SECURE; THAT THE OUTDOOR CHANNEL SITES OR THE SERVER THAT MAKES THE OUTDOOR CHANNEL SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE OUTDOOR CHANNEL SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE OUTDOOR CHANNEL SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE OUTDOOR CHANNEL SITES SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE OUTDOOR CHANNEL SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE OUTDOOR CHANNEL SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE OUTDOOR CHANNEL SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGEAND AGREE THAT YOUR USE OF THE OUTDOOR CHANNEL SITES IS AT YOUR OWN RISK AND THAT THE OUTDOOR CHANNEL SITES IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OUTDOOR CHANNEL NOR OUR AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE OUTDOOR CHANNEL SITES, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE OUTDOOR CHANNEL SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE OUTDOOR CHANNEL SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE OUTDOOR CHANNEL SITES, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE OUTDOOR CHANNEL SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE OUTDOOR CHANNEL SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OUTDOOR CHANNEL, OUR AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER OUTDOOR CHANNEL NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE OUTDOOR CHANNEL SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH OUTDOOR CHANNEL IS TO DISCONTINUE YOUR USE OF THE OUTDOOR CHANNEL SITES. YOU AND OUTDOOR CHANNEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OUTDOOR CHANNEL SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Outdoor Channel and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Outdoor Channel Sites and any violation of these Terms of Use. If you cause a technical disruption of the Outdoor Channel Sites or the systems transmitting the Outdoor Channel Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.
Changes to These Terms of Use
We reserve the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Outdoor Channel Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Outdoor Channel Sites after any changes to the Terms of Use or other policies means you accept the changes.
In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Web site and the revised terms will take effect thirty days after their publication on the Outdoor Channel Sites.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on the Outdoor Channel Sites constitute the entire agreement and understanding between you and Outdoor Channel with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Outdoor Channel Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
Jurisdiction and Applicable Law
The laws of the State of California govern these Terms of Use and your use of the Outdoor Channel Sites, and you irrevocably consent to the jurisdiction of the courts located in Riverside County for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Outdoor Channel Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Outdoor Channel Sites have been designed to comply with the laws of the State of California and of the United States. If any material on the Outdoor Channel Sites, or your use of the Outdoor Channel Sites, is contrary to the laws of the place where you are when you access it, the Outdoor Channel Sites is not intended for you, and we ask you not to use the Outdoor Channel Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.