Welcome to this InterMedia Outdoors, Inc. (IMO) website or application, owned and operated by IMO from our New York, New York location. We hope you find the website or application informative and entertaining, and thank you for visiting and using. The following terms and conditions apply to your visit to and use of the website or application.
Questions or comments about this website may be directed to IMO's Webmaster firstname.lastname@example.org .
This website or application is provided only for your personal, non-commercial use. IMO may deny your access to this website or application and take other actions if it determines, in its sole discretion, that you have breached any of these terms and conditions, including, but not limited to, any act which infringes or violates the rights of others.
If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission to use the device from the device owner(s).
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Certain content may be made available to you on or through the website or application for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS) feed, such as photos, folios, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the particular content, and you may not use such content in a manner that exceeds such authorization.
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the website or application via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the website or application (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the website or application, or the website or application as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS AND CONDITIONS WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.
This website or application may provide registered users with access to interactive forums, blogs, bulletin boards, and discussion boards (collectively, "the Forums") that are operated and maintained by IMO. To become a registered user, you must be over the age of 18 and complete the applicable on-line registration forms. You agree that all information provided on your registration form is accurate. Notwithstanding the foregoing, you acknowledge and agree that IMO may, in its sole discretion and with or without any notice to you, suspend or discontinue your access to the Forums.
The Forums are subject to modification or discontinuation at any time and from time to time without notice or obligation to you.
The Forums accessible through the website or application are provided only for registered users' personal use and convenience and may be used to post questions, comments, suggestions, ideas, text, images, graphics, links, photographs, audio or video files, original or creative materials, or other information or materials relevant to a prescribed topic (collectively, "User Material"). You may only post User Material for which you have the right to use, disclose, copy, display and license or sublicense, in accordance with all applicable laws and regulations. You further agree that you will not use the Forums, or the systems or services on which the Forums are hosted, to:
You agree that all User Material that you submit to the Forums are non-confidential and IMO shall be entitled to unrestricted use of such User Material. In addition, you represent and warrant that: (i) you own, or otherwise have the license, permission, consent, or other legal right to submit any User Material submitted by you; (ii) you will not submit, without legal permission or authorization any User Material that is subject to any copyright or other proprietary right of any third party; and (iii) you have all necessary consents and/or waivers of any rights of privacy or publicity associated with such User Material.
You grant IMO a perpetual, worldwide, fully paid, non-exclusive right, including any moral rights and with unfettered rights of assignment, and license to make, use, offer for sale, sell, distribute, reproduce, modify, draft, adapt, publish, translate, create derivative works from, communicate to the public, perform, and display, in whole or in part, and/or to incorporate it in any other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such User Material, without any compensation to you or obligation of accounting to you.
IMO is not responsible for, and disclaims all liability in connection with use of any User Material submitted, posted or displayed on the Forums. You should use caution when posting User Material, or any other information, including but not limited to personally identifiable information, to the Forums. You waive and release InterMedia Outdoors, Inc., its affiliates, and their respective directors, officers, employees, and agents, from any and all claims of any kind whatsoever that in any manner arise from or pertain to your posting, publishing, uploading, or dislplaying User Material on a website or through an application.
Remember that by using the Forums you may be exposed to User Material that is opinionated, offensive, and/or inappropriate, including User Material that violates these terms and conditions. We ask that you not use the Forums, or lodge complaints against other users, to attempt to address a personal dispute. If you have a legitimate complaint about another user, please do the following:
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THESE TERMS AND CONDITIONS, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
"Confidential Access Information" includes any login, identifier or password. You acknowledge and agree to maintain the confidentiality of all Confidential Access Information, and you may not disclose such Confidential Access Information to any other person or entity, or permit any other person or entity, whether or not a registered user, to access the Forums. You also agree to notify IMO immediately of any unauthorized use of any Confidential Access Information or any other breach of security of which you are aware. You may not use any Confidential Access Information that is not issued directly to you or approved by IMO.
IMO has no obligation to monitor User Material posted to a website, an application, or the Forums. IMO reserves the right, however, to review User Material, and to remove, delete, redact or otherwise modify such, in IMO's sole discretion and for any reason whatsoever, at any time and from time to time, without notice or further obligation to you. You hereby consent to any and all such monitoring. IMO has no obligation to display or post any User Material provided by you. IMO reserves the right to disclose, at any time and from time to time, any User Material posted or provided to a website, an application, or the Forums that IMO deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
Copyright Infringement. Any copyright owner or authorized agent who believes that any materials, information or text displayed on a website, an application, or the Forums infringes their copyright, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, COPYRIGHT AGENT: 1040 6th Avenue New York, NY 10018, with the following information in writing:
Please note that only DMCA notices should go to IMO's Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to IMO's Webmaster email@example.com . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Trademarks. "InterMedia Outdoors," and IMO's products and services described on a website or application are either trademarks or trade names of IMO and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of IMO. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of IMO, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IMO.
WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM A WEBSITE OR AN APPLICATION.
If you order anything for purchase on a website or through an application, you are, through such order, representing that you are at least 18 years of age. Nothing on a website or an application constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products and/or services. We reserve the right at any time after receipt of your order or bid to accept or decline such order or bid, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Any prices displayed on a website or an application are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event merchandise, products and/or services are listed at an incorrect price, we have the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services which you, your family or any group seek.
Images available on or through a website or an application of merchandise or products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
NEITHER WE NOR OUR INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH A WEBSITE OR AN APPLICATION. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US OR OUR INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES ON OR THROUGH A WEBSITE OR AN APPLICATION, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.
YOU AGREE THAT WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH A WEBSITE OR AN APPLICATION, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THESE TERMS AND CONDITIONS.
Subscription Services & Payments
The following terms and conditions apply to subscriptions to IMO publications ordered through a website or an application:
The following terms ("Voucher Terms") apply to vouchers offered to you through Intermedia Outdoors, Inc. ("IMO") and its subsidiaries and affiliates, including our SportsmanDeals website. By purchasing, printing, accepting, using or attempting to use any voucher, regardless of its form, you agree to (i) these Voucher Terms, (ii) the terms on the voucher itself and (iii) any additional, deal specific terms advertising the voucher at the time of purchase. These Voucher Terms rules apply to all vouchers that we make available, unless a particular voucher’s printed terms and conditions state otherwise, and except as otherwise required by law. In the event of a conflict between these Voucher Terms and those contained on the voucher, the voucher’s terms will control.
IMO is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers you purchase through IMO are special promotional offers that you purchase from participating Merchants through our service; the Merchant is the issuer of the voucher. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, penalties, fines, claims, liabilities and costs ("Liabilities") you may suffer, in any manner arising from or related to (a) your redemption of the voucher, or (ii) the goods or services you purchase in conjunction with the redemption of the voucher. You waive and release IMO and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to your use of a voucher or the services/goods obtained through redeeming the voucher.
IMO will work with you to attempt to resolve any disputes or claims you or we may have regarding your purchase of a voucher. If we cannot resolve a dispute or claim informally, you agree that any claim, dispute, or controversy you may have against IMO, its subsidiaries or affiliates, arising out of, relating to, or connected in any way with your purchase or redemption of any voucher will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to it Commercial Arbitration Rules. You agree further that: (a) the arbitration shall be held at a location determined by AAA (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and IMO; (b) the arbitrator will apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or IMO’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IMO will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Commercial Arbitration Rules established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor IMO shall be entitled to arbitrate their dispute. Judgment on any and all awards rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Disclaimers. INTERMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR USER MATERIAL, HYPERLINKS OR WEBSITES ACCESSIBLE BY HYPERLINKS FROM THIS WEBSITE, OR OTHER MATERIALS CONTAINED ON A WEBSITE, AN APPLICATION, OR IN THE FORUMS. YOU MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR INTERMEDIA. INTERMEDIA DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO INTERMEDIA THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.
Limitation of Liability. INTERMEDIA, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless IMO, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of a website, an application, and/or Forums, including, without limitation, in connection with any User Material, submitted, posted or displayed by you on the Forums, or any violation by you of these terms and conditions, any applicable law or any rights of another person or entity.
If any controversy, dispute or claim arises out of or related to your use of an IMO website, application, the Forums, or any User Material posted on or submitted to an IMO website, application, or the Forums, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, IMO reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the User Material, breach of your confidentiality obligations, or any other violations hereunder.
Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with a website, an application, the Forums and/or the User Material or their use must be New York, New York, USA. These terms and conditions and the relationship between you and IMO will be governed by the laws of the State of New York, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Notwithstanding any of these terms, IMO reserves the right, without notice and in its sole discretion, to terminate your license to use any website, any application, or the Forums, and to block or prevent future access to the same.