Blue Drone Media | T&C

Boring legal stuff…

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE AND DMCA NOTICE

Effective Date: July 1 , 2021

To review material modifications and their effective dates scroll to the bottom of the page.

Parties. The parties to these Terms of Use are you, and the owner of this  bluedrone.media website business, Blue Drone Media LLC. All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and OutdoorGearLink.com.

Copyright. Blue Drone Media LLC is committed to protecting the copyrights and other intellectual property rights of our affiliates and customers. We have taken all reasonable steps to ensure that all reproductions on this website are produced according to applicable laws. Copyrights and other proprietary rights in the materials on this site may subsist in individuals and entities other than bluedrone.media. You hereby acknowledge and agree that, subject to valid third-party rights, bluedrone.media retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this website (collectively “Materials”). Bluedrone.media expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Materials on this website, except for the purpose of fair use as defined in the copyright laws, and as described below.

General Use. With the exception of fair use as described below, unauthorized reproduction, distribution, and exploitation of the Materials is not permitted. Anyone wishing to use any of the Materials for any purpose other than fair use as set forth below must request and receive prior written permission from bluedrone.media. Bluedrone.media reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of bluedrone.media. A usage fee may be involved depending on the type and nature of the proposed use.

Fair Use. In accordance with the applicable copyright laws, any Materials authored by bluedrone.media may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of the Materials is cited. Unless otherwise noted, users who wish to download or print any Materials authored by bluedrone.media from this website for such uses may do so without  bluedrone.media’s express permission. Users must cite the Material as they would material from any printed work; the citation should include the URL “www.bluedrone.media” in addition to all copyright and other proprietary notices contained on the Materials. Note, however, that certain digital media including photographs and moving images may be protected by copyright, trademark, or related interests not owned by bluedrone.media. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and bluedrone.media will have no responsibility in connection with securing such necessary rights for any Materials on the website. Any use of the Materials that does not qualify as fair use is subject to bluedrone.media’s prior written approval, and the user must request and receive such approval prior to any use.

Trademarks. The trademarks, trade names, logos and service marks (“Trademarks”) displayed on this Web site, including “bluedrone.media,” are Trademarks of Blue Drone Media LLC. The Trademarks of third parties may also be displayed on the website and are the property of their respective owners. Nothing contained in this website grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the website without written permission of bluedrone.media or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the website, including alteration or use out of context, is strictly prohibited.

Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

Website and Internet Security. Our customer’s personal and payment information are very important to us and we take all steps necessary to secure your information that you provide to us during the checkout process. OutdoorGearLink.com is operated on a managed, industry standard web hosting system. Our payment processing system operate with 128 bit security and is Payment Card Industry Data Security Standard (PCI DSS) compliant.

Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in White Plains, New York, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New York, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

Jurisdiction And Venue. The courts of Westchester County in the State of New York, USA and the nearest U.S. District Court in the State of New York shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

Controlling Law. This Agreement shall be construed under the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Intended For Use Only Within The United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.

Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.

Privacy. Please review this site’s Privacy Policy, which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.