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.
(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.
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.
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.
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: