Terms of Use

INTRODUCTION AND ACCEPTANCE

Welcome to the news and media website (www.us-outdoor-magazine.com) provided by SKY Home Services LLC (collectively, the “Website”, “we”, “us” or “our”). The particular word “Website” is meant to include all web pages within the Website, as well as any other (older or newer) versions of the websites and web pages that are linked to the Website.

PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE USING THE WEBSITE. BY ENTERING AND/OR USING THE WEBSITE (EXCEPT FOR READING THESE TERMS OF USE FOR THE FIRST TIME) YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS. THE TERMS OF USE MAY BE SUBJECT TO CHANGES FROM TIME TO TIME AS EXPLAINED FURTHER BELOW. SUCH CHANGES TAKE EFFECT IMMEDIATELY AND YOUR USE OF THE WEBSITE AFTERWARDS WILL CONFIRM THAT YOU ACCEPT ALL CHANGES. PLEASE CHECK BACK WITH THIS PAGE FROM TIME TO TIME TO REVIEW OUR WEBSITE’S TERMS OF USE SO THAT YOU ARE COMPLETELY UP TO DATE WITH THE LATEST RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS,YOU ARE NOT ALLOWED TO USE THE WEBSITE AND ALL THE SERVICES IT OFFERS. THESE TERMS HAVE THE SAME FORCE AND EFFECT AS AN AGREEMENT IN WRITING.

As well as these Terms of Use, we have created a Privacy Policy to present how information about you is collected and used through the use of the Website. By entering or using the Website, you are also approving that you acknowledge and consent to our Privacy Policy.

The Website is meant to be used by persons 18 years of age or older who reside in one of the fifty (50) states of the United States and its territories. If you are younger than 18 years old or do not reside in one of the fifty (50) states of the United States, please refrain from using the Website immediately, or if, you happen to disagree with all of the terms and conditions presented in these Terms of Use, please refrain from using the Website right away.

By using or attempting to use the Website, you confirm that you are minimum 18 years of age and meet any additional eligibility and residency demands of the Website.

INTELLECTUAL PROPERTY

The Website and everything within it (and any product works or enhancements of it) including, but not exclusively meaning, all text, illustrations, files, pictures, software, scripts, graphics, photos, tones, music, video files, data, content, materials, products, services, URLs, technology, documents, and interactive features (altogether, the “Website Content”) and all intellectual property rights to it are our sole proprietorship, our licensors, or both. All trademarks, service marks, trade names, and trade dress that can potentially show on the Website are our sole proprietorship, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not obtain any right, claim, or interest in the Website or any of the Website’s Content.

Access to the Website Content is provided to you for your information and is for personal, non-commercial use only. When using the Website, you are confirming that you comply with all the local, state, and federal laws including but not limited to, copyright law. As stated in these Terms of Use, you are not allowed to use, reproduce, distribute, create derivatives based upon the original, publicly display, publicly perform, publish, broadcast, or otherwise exploit the Website’s Content for any purpose whatsoever without receiving prior written consent from us or, in the case of third-party Content, its respective owner. In certain cases, you may be permitted to download or print Content from the Website. Under that circumstance, you may download or print (as appropriate) a single copy of the Website Content for your personal, non-commercial use only. You confirm that you do not acquire any ownership by downloading or printing the Website Content.

Moreover, you are not allowed to, as stated in the following text:
● remove, modify, disguise, or change any copyright, trademark, or other proprietary rights notice on the Website or Website Content;

● bypass, disable, or otherwise meddle with security-related features on the Website including but not limited to, any features that prevent or limit the use or copying of any content, or impose limitations on the use of the Website or Website Content;

● broadcast, share, or upload programs or content that contains malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially damaging program or other material or data;

● use an automated device (such as a bot or “spider”) or manual process to duplicate or “scrape” the Website or Website Content for any purpose without our explicit written permission. Notwithstanding the pre-existing, we grant public search engine operators consent to use automated devices (such as bots or “spiders”) to copy Website Content from the Website for the sole aim of creating a browsable index of Website Content that is accessible to the public. We keep the right to revoke this consent (generally or specifically) at any time;

● gather or store any personally identifiable data from the Website including but not limited to, user names, passwords, email address;

● request other users to join or become members of any commercial online service without our prior written consent;

● try to or meddle with the proper functioning of the Website or weaken, overburden, or disable the same;

● decompile, reverse engineer, or disassemble any part of any the Website;

● encourage any behavior that breaks any local, state, or federal law, either civil or criminal, or imitate another user, person, or entity (e.g., using another person’s Membership);

● employ network-monitoring software to define the architecture of or extract usage data from the Website;

● affect us unfavorably or reflect negatively on us, the Website, our goodwill, name or reputation, or cause duress, distress or discomfort to us or someone else, or dissuade any person, company or business from using any or all portions, features, or functions of the Website, or from promoting, linking or becoming a purveyor to us in association with the Website;

● engage in any behavior that limits or interferes with any other user’s ability to use or experience the Website.

Moreover, you are agreeing to fully cooperate with us in case of any investigation of any suspicious activity that is in violation of these Terms of Use.

USER REGISTRATION
If you are less than 18 years old, then you are not allowed to sign up as a user or in any other way present personal information on the Website.

If you become a registered member, you will provide true, accurate, and complete registration information and, if any of your information changes at a later date, it is your responsibility to ensure that you keep us up-to-date. During registration, you will obtain a user name and password (a “Membership”), which may grant you access to specific parts of the Website not available to unregistered users. You are in charge of safeguarding and keeping the privacy of your Membership. You are the only one responsible for the activity that occurs under your Membership, whether you have approved the activity or not. You agree to gives us a notification immediately at info@us-outdoor-magazine.com if any violation of security or unauthorized use of your Membership takes place.

USER CONTENT

We may or may not, now or in the future, privilege users to post, upload, broadcast through, or otherwise enable on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photographs, comments, tones, music, videos, data, content, and/or other materials (“User Content”). Subject to the rights and permits you grant here, you preserve all rights, claims, and interests in your User Content. We do not guarantee confidentiality of the User Content even if it is not published on the Website. You are solely responsible for monitoring and protecting any intellectual property rights that you may have in your User Content, and we are not accountable for it.

You shall not submit any User Content that is under copyright, trademark, patent, trade secret, moral right, or other intellectual property or exclusive right without the explicit consent of the owner of the respective right. You are solely responsible for any damage that ensues from your failure to get such consent or from any other harm that is an outcome of the User Content that you submit.

You represent, warrant, and promise that you will not submit any User Content that:

● infringes or encroaches anyhow upon the rights of others, including, but not implying only, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

● imitates another or is illegal, threatening, abusive, slanderous, defamatory, invasive of privacy or publicity rights, indecent, offensive, profane, pornographic, or otherwise objectionable;

● promotes conduct that would constitute a criminal transgression, give rise to civil liability, or otherwise break any law;

● is an advertisement for goods or services or a solicitation of funds;

● incorporates private information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

● contains a formula, instructions, or information that has the potential to cause harm or injury;

● results in the broadcasting of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”

Furthermore, any behavior by a user that in our option limits or prevents any other user from using or experiencing the Website will not be allowed.

By submitting User Content to us, along with such posting, you automatically confirm that the owner has expressly allowed, to us a global, royalty-free, permanent, irrevocable, non-exclusive, fully sublicensable, and transferable power and license to use, duplicate, distribute, create imitative works based upon (including, but not limiting, translations), publicly exhibit, publicly perform, broadcast, and publish the User Content (in whole or in part) as we, in our sole discretion, see as appropriate including, but not limited to, (1) related to our business; and (2) in regards to the businesses of our successors, parents, subsidiaries, affiliates, and linked companies. We may use this power in any format, media, or technology currently used or later developed for the full duration of any copyright that may exist in such User Content. Moreover, you also allow other users the power to access your User Content and to use, reproduce, distribute, create secondary works based upon, publicly exhibit, publicly perform, broadcast, and make your User Content public for personal, non-commercial use as authorized by the functionality of the Website and these Terms of Use.

By filing User Content, you also give us the permission, but not the obligation to use your biographical information including, but not limited to, your name and geographical location in regards to broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you relinquish all rights you may now or later have in any jurisdiction to so-called “moral rights” concerning the User Content.

We possess the freedom to display ads related to your User Content and to use your User Content for advertising and promotional purposes. You accept and acknowledge that your User Content may be used on the web pages and advertising medias of our partners and third-party service providers (including their downstream users). We have the power, but not the responsibility, to monitor User Content, and have the right to edit, refuse to post, remove, or disable access to any User Content at our sole discretion.

ADVERTISING
From time to time, you may interact with, receive messages from, be re-directed to, communicate with, or engage in or use the services, or recieve goods and services of or from, third parties (collectively, the “Advertisers”) such as our (and third party) advertisers, sponsors, or promotional associates as a result of your use of the Website. All such communications, interactions, and participation between said parties are strictly and solely between you and such Advertisers and we will not be held responsible or liable to you in any way regarding these activities or transactions (including, but not limited to, any representations, warranties, agreements, deals, or other terms or conditions that may exist among you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Additionally, we partake in different affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites.

WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We may give users and viewers the chance to register for special promotions, services, news, programming, and information delivered via text messaging and other wireless devices such as mobile phones. Users are obliged to grant their acceptance to receive those data from us, whether by registering on this Website or via their wireless device. Such services and promotional opportunities are given by the Advertisers or other third parties. The data requested from you as part of the online registration process is a user’s telephone number or email address, but only if explicitly requested. Additional information may be demanded for specific promotions, such as a user’s choices regarding goods or services. Based on the promotion, we may also ask for an Internet email address or other information and, depending on the information collected, the user can be prompted to verify his or her consent to these Terms of Use and, including but not limiting to, the Privacy Policy.

You recognize, accept, and agree that we may, in our sole discretion and without responsibility to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without prior notice. We may provide notice of terminations or changes in services on this Website.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Occasionally, we, or our service providers, suppliers, Advertisers, and other third parties may conduct advertisements on or through the Website, including but not limited to, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be available to you and, for purposes of each Promotion, will be consolidated into and form a part of this Agreement.

WEBSITE CONTENT & THIRD PARTY LINKS

We present the Website including but not limited to, Website Content for informational, educational, entertainment, and promotional purposes only. You may not rely on any information and opinions shown on any of our Websites for any other purpose. In all situations, it is your sole accountability to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be held responsible for any loss or damage that came out of your reliance on any Website Content.

It is plausible that Website Content will include content posted by a third party or will represent the opinions and beliefs of a third party. We do not support, warrant, and are not responsible for the accuracy, timeliness, completeness, or trustworthiness of any opinion, advice, or statement made on the Website. If there is a conflict between persons accessing the Website or between persons accessing the Website and any third party, you recognize and agree that we have no responsibility to get involved in the said dispute. If there is such a conflict, you thus acknowledge the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies are released from those claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The Website can have links to other websites managed by third parties. We do not operate or control, in any respect, or imperatively support the content found on these third-party websites. It’s your sole responsibility for your use of third-party links. We are not held reliable for any content posted on third-party websites or responsible to you for any loss or damage of any sort that is the outcome of your dealings with any third party or their website.

INDEMNIFICATION

You consent to reimburse the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, responsibilities, charges and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may result in connection with: (1) your usage of the Website; (2) User Content given by you or through use of your Membership; (3) any actual or alleged violation or breach by you of these Terms of Use; (4) any actual or alleged breach of any representation, guarantee, or contract that you have made to us; or (5) your acts or omissions. You consent to fully cooperate with us in the defense of any claim that is the subject of your obligations hereafter.

DISCLAIMERS

YOU UNEQUIVOCALLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND WEBSITE CONTENT ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPLICIT OR IMPLIED. WITHOUT LIMITING THE PREVIOUS AND TO THE FULLEST EXTENT ALLOWED BY LAW, THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DECLINE ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL BE ACCORDING TO YOUR EXPECATIONS AND REQUIREMENTS; (2) WARRANTIES IN REGARDS TO THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, CURRENTNESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR OBTAINED THROUGH THE WEBSITE; (5) WARRANTIES RELATED TO THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE ACQUIRED FROM THE USE OF THE WEBSITE; (6) WARRANTIES ASSUMING THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE FIXED.

LIMITATION ON LIABILITY

IN NO CASE SHALL THE WEBSITE, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE RESPONSIBLE FOR INDIRECT, ACCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE PREVIOUSLY LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES), ARISING OUT OF, IN RELATIONS TO, OR IN ANY WAY LINKED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR NOT BEING SATISFIED WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES CAUSED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN REGARDS TO ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY DATA OR ADVICE RECEIVED THROUGH OR ADVERTISED IN REGARDS TO ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY IN REGARD TO DAMAGES THAT OCCURRED DUE TO ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE WEBSITE.DESPITE ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE JOINT RESPONSIBILITY OF THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES GO OVER THE TOTAL AMOUNT RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (10) MONTH PERIOD OR $200. YOU ALSO CONSENT THAT ANY CAUSE OF ACTION ORIGINATING OUT OF, CONNECTED TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST INITIATE WITHIN ONE (1) YEAR AFTER THE CAUSE OF THE DAMAGE HAPPENS; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY DENIED.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the previous limitations may not apply to you. These limitations shall apply to the fullest extent authorized by law.

COPYRIGHT

We value the intellectual property rights of others, and we require our users to do the same.
If you are certain that your intellectual property is being used on the Website in a way that implies copyright infringement, please contact us immediately and provide us with the necessary information, including (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

a physical or digital signature of a person holding an authorization to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work that have allegedly been infringed.
identification of the material that is allegedly being infringed or is the subject of infringing activity and that should be removed or the access to it should be denied, and adequate information to allow the service provider to locate the material.
adequate information to allow the service provider to get in touch with the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
a statement that the objecting party has a good faith belief that the use of the material in the manner complained of is not approved by the copyright owner, its agent, or the law.
a statement that the information in the notification is correct, and under penalty of perjury, that the complaining party has the authorization to act on behalf of the owner of an exclusive right that is allegedly infringed.

All information defined foregoing must be sent to our Designated Agent, whose contact information is listed below.

SKY Home Services LLC Attention: General Counsel

7148 Killion st Encino CA 91316

E-mail: info@us-outdoor-magazine.com

Please note that Section 512(f) of the Digital Millennium Copyright Act proposes liability for damages on anyone who purposely sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us could be shown to the third parties, including the person who provided us with the supposedly infringing material.

TERMINATION

We maintain the right in our sole discretion to end or suspend your Membership and/or deny your access to the Website, at any time, for any reason including, without but not limiting, if you have not complied with the letter and spirit of these Terms of Use. You consent that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and linked companies shall not be held accountable to you or any third party for any termination or suspension of your Membership or for denying your access to the Website.
Any suspension or the end of your Membership shall not affect your commitments to us, stated under these Terms of Use. The provisions of these Terms of Use which by their nature should outlast the suspension or termination of your Membership or these Terms of Use shall stay active including, but without limitations to the rights and licenses that you have obtained hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to the choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set further below.

CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be interpreted according to the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings that come out against the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may occur out of, link to, or be anyhow associated with our Website or these Terms of Use shall be brought exclusively in a state or federal court in the State of California, County of Los Angeles; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES (THE USER AND WE) FORGO ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO WHETHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR DECLARE A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH ABANDON ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION , OR ANY OTHER LEGAL COURSE.

AMENDMENT; ADDITIONAL TERMS

We withhold the right in our proprietary discretion and at any time and for any reason, to change or terminate any aspect or feature of the Website or to revise these Terms of Use. Additionally, we reserve the right to provide you with operating rules or further terms that may dictate your everyday use of the Website, specific parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may give you will be consolidated by reference into these Terms of Use. To the extent that any Additional Terms conflict with these Terms of Use, the Additional Terms will have the higher authority.
Changes to these Terms of Use or Additional Terms will be effective immediately upon declaration, either by publishing on the Website or by an announcement by email or conventional mail. It is your responsibility to re-read the Terms of Use of the Website periodically for any changes or Additional Terms. Your access and use of the Website following any alteration of these Terms of Use or the provision of Additional Terms will imply your agreement to the same. If you object to any following change to the Terms of Use or any Additional Terms, immediately cease use of the Website and, if possible, cancel your Membership.

MISCELLANEOUS

Waiver. Our failure to assert a right or provision under this Agreement will not create an opportunity for a rejection of such right or provision.

Headings. Any heading, caption, or section title contained here is included only as a matter of convenience and in no way represents or describes any section or provision of this document.

Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions, and writings regarding the use of our Website or any service offered. If any part of this Agreement is found to be void or unenforceable, such actions will not affect the remainder of this Agreement, which will continue to be in full force and effect.

Survival. The following provisions will outlast expiration or termination of this Agreement: Section (INTELLECTUAL PROPERTY), Section (USER CONTENT), Section (INDEMNIFICATION), Section (LIMITATION ON LIABILITY), Section (COPYRIGHT), Section (CHOICE OF LAW, JURISDICTION AND VENUE) and Section (MISCELLANEOUS).

Assignment. No terms of this Agreement, nor any right, obligation, or redress hereinafter is assignable, transferable, delegable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate this Agreement or any right or obligation or redress hereinafter in its entirety to a person or persons of our choosing at our sole discretion.

Languages. The English version of this Agreement will be binding in all aspects. Any other versions of this Agreement in any other language shall be for convenience only and shall not be binding upon the parties. All communications, notices, arbitrations, other documents, and proceedings relating to this Agreement will be made, given, and
approved in English.

(Last Update November 10, 2021)