1: Profound Outdoors Indemnity Clause
You the user agree to defend, indemnify and hold Profound Outdoors, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to our in connection with your use of this Site, your violation of the Terms or the posting or transmission of any materials on or through this Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
2. Profound Outdoors Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT: THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE. PROFOUND OUTDOORS DOES NOT WARRANT THAT THIS SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PROFOUND OUTDORORS MAKES NO WARRANTY THAT THIS SITE WILL MEET USERS EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THESE SITES SHALL CREATE ANY WARRANTY NOTEXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THESE SITES, YOUR SOLD REMEDY IS TO DISCONTINUE USING THEM.
ANY MATERIAL, UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE UE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLODE OR DOWNLOAD OF ANY SUCH MATERIAL.
PROFOUND OUTDOORS DOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THROUGH THIS SITE OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THE THIRD PARTIES ON OR THROUUGH THIS SITE. PROFOUND OUTDOORS IS NOT A PARTY TO, AND DOES NOT MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF PROFOUND OUTDOORS.
3. PROFOUND OUTDOORS LIMITATION OF LIABILITY
IN NO EVENT SHALL PROFOUND OUTDOORS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WIHTOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBTITUTE SERVICES, EVEN IF PROFOUND OUTDOORS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PROFOUND OUTDOORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, $100.00.
4. PROFOUND OUTDOORS RESPONSIBILITIES
Profound Outdoors’ moderators will not look at every post, photo, video, or comment made on these Sites nor do we guarantee the integrity of every member on the Site. This Site ia not responsible if information made available on this Sites is not accurate, complete or current. We reserve the right to modify the contents of this Site at any time (including removing postings, lock postings, warn members, suspend accounts, and/or cancel accounts without prior notice), but we have no obligation to update any information on this Site.
Our Site and the Community Areas including such content as text, videos, pictures, audio, graphics, music and sound is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries and we have all rights therein. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law all individual articles, blogs, videos, content and other elements comprising our Sites are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site with or without notice.
5. User Responsibilities
You must be 18 years of age or older to provide information through the Profound Outdoors Site. By using this Site you represent that you are at least 18 years of age.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby grant to this Site and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas.
You are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on the Site.
By submitting any content to Profound Outdoors, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old; and that
This Site, including all of its contents, such as text, images, and the HTML or other code used (“Materials”) are Profound Outdoors’ property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here.
In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.