Date last modified: August 20, 2010
Introduction.
TrophySight, LLC (“TrophySight” or “we”) operates TrophySight.com, a social networking platform
that allows Members to upload pictures and information about their hunting and fishing experiences
and share this information with friends and fellow outdoor enthusiasts. TrophySight.com includes all
services offered by or in connection with the website including pictures, message boards, private
and instant messaging, email, and any other applications or plugins that are or may be offered.
TrophySight.com is hosted in the United States.
This Terms of Use Agreement ("Agreement"), which may be modified at any time, constitutes legally
binding terms and applies to your use of TrophySight.com. By accessing and/or using TrophySight.com
and affiliated websites, you agree to be bound by this Agreement. This includes simply browsing
TrophySight.com as a Guest or otherwise accessing TrophySight.com without being registered, or
registering and using TrophySight.com as a Member. The term "User" refers to either a Guest or a
Member. You are authorized to use TrophySight.com only if you agree to abide by all applicable laws,
rules and regulations (“Applicable Law”) and the terms of this Agreement, regardless of whether your
access or use is intentional. In consideration for becoming a User and/or making use of
TrophySight.com, you must indicate your acceptance of this Agreement.
TrophySight reserves the right to modify this Agreement at any time and will do so from time to
time. Each modification shall be effective upon posting to TrophySight.com. All material
modifications will apply prospectively only. Your continued use of TrophySight.com following any
such modification constitutes your agreement to be bound by and your acceptance of the Agreement
including modifications. It is therefore important that you review this Agreement regularly. If you
do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue
any and all use of TrophySight.com immediately.
1. Eligibility.
Use of TrophySight.com and registration to be a Member of TrophySight.com (“Membership”) is void
where prohibited. By using TrophySight.com, you represent and warrant that:
- (a) all registration information you submit is truthful and accurate;
- (b) you will maintain the information’s accuracy;
- (c) you are 13 years of age or older; and
- (d) your use of TrophySight.com does not violate any Applicable Law.
Your account may be deleted and your Membership may be terminated without warning, if we believe
that you are under 13 years of age or if we believe that you incorrectly represent your age with
respect to the age of majority (18 in most jurisdictions).
2. Duration.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect
while you use TrophySight.com or are a Member. You may terminate your Membership at any time, for
any reason, by following the posted instructions. TrophySight may terminate your Membership at any
time, for any or no reason, without prior notice or explanation, and without liability. Furthermore,
TrophySight reserves the right, in its sole discretion, to reject, refuse to post or remove any
posting (including, without limitation, private messages, emails and instant messages (collectively,
“Messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of
TrophySight.com at any time, for any or no reason, without prior notice or explanation, and without
liability. In addition, TrophySight expressly reserves the right to remove your account and/or deny,
restrict, suspend, or terminate your access to all or any part of TrophySight.com if TrophySight
determines, in its sole discretion, that you have violated this Agreement or pose a threat to
TrophySight, its employees, business partners, Users and/or the public. Even after Membership is
terminated, this Agreement will remain in effect.
3. Fees.
You acknowledge that TrophySight reserves the right to charge for any portion of TrophySight.com
and to change its fees (if any) from time to time in its discretion. If TrophySight terminates your
Membership because you have breached this Agreement, you shall not be entitled to the refund of any
unused portion of fees or payments (if any).
4. Password Security.
When you sign up to become a Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your password. You agree not to use the
account, username, email address or password of another Member at any time or to disclose your
password to any third-party. You agree to notify TrophySight immediately if you suspect any
unauthorized use of your account or access to your password. You are solely responsible for any and
all use of your account.
5. Use by Members.
TrophySight.com is for the personal use of Members and may only be used for direct commercial
purposes if they are specifically endorsed or authorized by TrophySight. TrophySight reserves the
right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of
TrophySight.com, including, without limitation, collecting usernames, user ID numbers, and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited Messages or
unauthorized framing of or linking to TrophySight.com, or employing third-party promotional sites or
software to promote accounts for money, is prohibited. Commercial advertisements, affiliate links,
and other forms of unauthorized data collection or solicitation may be removed from Member profiles
without notice or explanation and may result in termination of Membership privileges. TrophySight
reserves the right to take appropriate legal action, including, without limitation, referral to law
enforcement, for any illegal or unauthorized use of TrophySight.com.
6. Proprietary Rights in Your Content on TrophySight.com.
6.1
TrophySight does not claim any ownership rights in the text, files, images, photos, video,
or any other materials (collectively, "Content") that you post or display or publish on or in
connection with TrophySight.com. After posting your Content on or in connection with
TrophySight.com, you continue to retain any rights that you previously had in your Content,
subject to the limited non-exclusive license herein. In posting any Content on or in connection
with TrophySight.com, you grant to TrophySight a limited license to use, modify, delete from,
add to, publicly display, reproduce, and distribute such Content. This includes the possibility
your Content may be used in promotional materials outside of TrophySight.com and may be used in
print, Internet, billboard, or television advertising for TrophySight.com. This limited license
does not grant TrophySight the right to sell your Content or use it to promote anything beside
TrophySight.com. If you remove your Content from TrophySight.com, we will cease advertising
distribution as soon as practicable with the understanding that it may take a significant amount
of time to cease print circulation or remove billboard signage. At the time when distribution
ceases, the license will terminate subject only to the limitation contained in 6.2. You further
understand and agree that once Content is distributed or incorporated into TrophySight.com,
TrophySight is under no obligation to ask other Users to delete that Content or delete it from
their accounts, and therefore it may continue to appear and be used indefinitely.
6.2
Content posted on the Trophy Boards will not be removed
when you delete it from your account on TrophySight.com. TrophySight retains the right to leave
Content associated with the Trophy Boards online. If at any time TrophySight removes Content
from the Trophy Boards and the Content has been deleted from your account or your account has
been deleted, the license granted to TrophySight will cease.
6.3
The license you grant to TrophySight is non-exclusive
(meaning you are free to license your Content to anyone else), fully-paid and royalty-free
(meaning that TrophySight is not required to pay you or anyone else deriving rights from the
Content for its use on TrophySight.com), sublicensable (so that TrophySight is able to use its
affiliates, subcontractors and other partners, such as Internet content delivery networks and
wireless carriers, to provide TrophySight.com), and worldwide (because the Internet is global in
reach).
6.4
You represent and warrant that you own or otherwise have
the right to grant the license set forth above to all Content posted by you on or in connection
with TrophySight.com. You also represent and warrant that the posting of your Content does not
violate any privacy rights, publicity rights, trademarks, copyrights, contract rights or other
rights of any person or entity. You agree to pay all royalties, fees, and any other money owed
to any person or entity because of the use of any Content posted by you on or in connection with
TrophySight.com.
6.5
TrophySight reserves the right to limit the storage
capacity of Content that you post on or in connection with TrophySight.com.
7. Proprietary Rights in Other’s Content on TrophySight.com.
7.1
TrophySight owns and retains all rights in its Content
and TrophySight.com. The Content is protected by copyright, trademark, patent, trade secret, and
other laws. TrophySight hereby grants you a limited, revocable, nonsublicensable license to
reproduce and display TrophySight’s Content (excluding any software code) solely for your
personal use in connection with viewing and using TrophySight.com.
7.2
TrophySight.com contains Content of Users and other
TrophySight licensors. Except as provided within this Agreement, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, display, sell or otherwise use any Content
appearing on or in connection with TrophySight.com.
8. Technical Use of Content.
TrophySight performs technical functions necessary to operate TrophySight.com, including, but not
limited to, the technical processing and transmission of Messages, and transcoding and/or
reformatting Content to allow its use throughout TrophySight.com.
9. Messages from TrophySight.
You agree and acknowledge that TrophySight may send Messages including notifications, special
offers, promotions, commercial advertisements, and marketing materials in connection with
TrophySight.com. You can control what type of communications you receive from TrophySight.com by
logging into your account and choosing the appropriate notification settings or by following the
unsubscribe instructions contained at the bottom of commercial Messages.
10. Content Posted.
Please choose the information that you post or provide to other Users on or in connection with
TrophySight.com with care. Your TrophySight account may not include any form of Prohibited Content,
as outlined below. Despite this prohibition, Content, information, materials, products or services
provided by other TrophySight.com Members may, in whole or in part, be unauthorized, impermissible
or otherwise violate this Agreement. TrophySight assumes no responsibility or liability for this
material. If you become aware of misuse of TrophySight.com by any person, please promptly report
abuse to TrophySight.
10.1
TrophySight Users frequently post pictures of harvested
fish and animals. Some of these pictures can be graphic in nature. TrophySight will not feel
compelled to remove any Content that you find unsightly, cruel, or offensive. If you find such
Content offensive, please do not access TrophySight.com.
10.2
TrophySight may reject, refuse to post or delete any
Content for any or no reason, including Content that in the sole judgment of TrophySight
violates this Agreement or which may be offensive to Users, illegal or violate the rights of any
person or entity, or harm or threaten the safety of any person or entity. TrophySight assumes no
responsibility for monitoring TrophySight.com for inappropriate Content or conduct. TrophySight
assumes no responsibility for any Content or for the conduct of any User submitting such
Content, and TrophySight assumes no obligation to modify or remove any inappropriate
Content.
10.3
TrophySight requires that Members be honest in
information they post when using the Trophy Boards. This includes being accurate about what type
of animal is displayed, its size, and the time and manner of harvest. Inaccuracy in the
information is grounds for removing the Content from the Trophy Boards and deleting it from
TrophySight.com without prior notice. Repeated or habitual violations of this provision are
grounds for disallowing access to the Trophy Boards and/or terminating the Member’s
account.
10.4
TrophySight is meant to be used only by individuals over
13 years of age. No one under 13 is allowed to use TrophySight.com and no pictures or videos
featuring an individual under 13 years of age are allowed. This includes pictures posted by a
User over 13 years of age on behalf of someone under 13. TrophySight reserves the right to
remove any pictures of individuals who appear to be under 13. Despite its right of removal,
TrophySight assumes no responsibility for violations of this condition.
10.5
You are solely responsible for the Content that you post
on or in connection with TrophySight.com, and any material or information that you transmit to
other Members and for your interactions with other Users.
11. Content Prohibited.
The following are examples of the kind of Content that is illegal or prohibited to post on or in
connection with TrophySight.com. TrophySight reserves the right to investigate and take appropriate
legal action against anyone who, in TrophySight's sole discretion, violates this provision,
including, without limitation, removing the offending Content from TrophySight.com, terminating the
Membership of such violators and/or reporting such Content to law enforcement authorities.
Prohibited Content includes, but is not limited to, Content judged by TrophySight to:
11.1
promote, advance, or indicate illegal activities. This
includes animals harvested out of season or in violation of any other regulation including bag
limits, size restrictions, protected areas and species, banned hunting or fishing techniques and
practices, inappropriate or illegal gear, bait, or firearms, or without appropriate licenses and
permission;
11.2
be patently offensive or promote or otherwise incite
racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.3
harass or advocate harassment of another person;
11.4
exploit anyone in a sexual or violent manner or contain
nudity, excessive violence, or offensive subject matter or contain a link to an adult
website;
11.5
solicit or are designed to solicit personal information
from anyone under 18;
11.6
publicly post information that poses or creates a
privacy or security risk to any person;
11.7
constitute or promote information that you know is false
or misleading or promote illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
11.8
involve the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
11.9
contain restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page);
11.10
provide instructional information about illegal
activities including, but not limited to, making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
11.11
solicit or are designed to solicit passwords or personal
identifying information for commercial or unlawful purposes from other Users;
11.12
involve commercial activities and/or sales without prior
written consent from TrophySight such as contests, sweepstakes, barter offers, advertising, or
pyramid schemes;
11.13
include a photograph or video of another person that you
have posted without that person's consent; or
11.14
violate or attempt to violate the privacy rights,
publicity rights, copyrights, trademark rights, contract rights or any other rights of any
person. If at any time you see content posted which you believe violates or attempts to violate
the rights listed above please immediately contact TrophySight at admin@trophysight.com.
11.15
For all copyright, trademark, service mark, patent, or
trade secret violations please contact Brandon Gador by email at Brandon@trophysight.com or
write to Brandon Gador 3781 Birchview Road West Bend, WI 53095. They are acting as the
designated agent to receive complaints of copyright or other violations. Please include the
following information in your complaint: (i) identification of all of the copyrighted work allegedly infringed upon that you would like
removed, (ii) information reasonably sufficient to permit TrophySight to locate the material,
(iii) your contact information, (iv) a statement that you have a good faith belief that use of
the material is not authorized by the copyright owner, their agent, or the law, (v) a statement
submitting under penalty of perjury that the information in the notification is accurate and you
are authorized to make the complaint.
12. Activities Prohibited.
The following are examples of the kind of activity that is illegal or prohibited on
TrophySight.com. TrophySight reserves the right to investigate and take appropriate legal action
against anyone who, in TrophySights's sole discretion, violates this provision, including, without
limitation, terminating your Membership and/or reporting such activity to law enforcement
authorities. Prohibited activity includes, but is not limited to:
12.1
criminal or tortious activity including child
pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment,
defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
12.2
advertising to, or solicitation of, any Member to buy or
sell any products or services through the unauthorized or impermissible use of TrophySight.com.
You may not transmit any chain letters or junk email to other Members. In order to protect our
Members from such advertising or solicitation, TrophySight reserves the right to restrict the
number of emails which a Member may send to other Members in any 24-hour period. If you breach
this Agreement and send or cause to be sent (directly or indirectly) unsolicited bulk messages
or other unauthorized commercial communications of any kind through TrophySight.com, you
acknowledge that you will have caused substantial harm to TrophySight, and that the amount of
such harm would be extremely difficult to ascertain. You further agree to pay TrophySight $10
for each actual or intended recipient as a reasonable estimate of the value of the harm
caused;
12.3
circumventing or modifying, attempting to circumvent or
modify, or encouraging or assisting any other person in circumventing or modifying any security
technology or software that is part of TrophySight.com;
12.4
activity that involves the use of viruses, bots, worms,
or any other computer code, files or programs that interrupt, destroy or limit the functionality
of any computer software or hardware, or otherwise permit the unauthorized use of or access to a
computer or a computer network;
12.5
modifying, copying, distributing, downloading, scraping
or transmitting in any form or by any means, in whole or in part, any Content from
TrophySight.com other than your Content which you legally post on or in connection with
TrophySight.com;
12.6
providing or using “tracking” or monitoring
functionality in connection with TropySight.com including identifying other Users’ views,
actions or other activities;
12.7
covering or obscuring the banner advertisements and/or
safety features any TrophySight.com page via HTML/CSS or any other means;
12.8
any automated use of the system, such as using scripts
to add friends or send comments, messages, status or mood updates, blogs or bulletins;
12.9
interfering with, disrupting, or creating an undue
burden on TrophySight.com or the networks or services connected with TrophySight;
12.10
impersonating or attempting to impersonate TrophySight
or a TrophySight employee, administrator or moderator, another Member, or person or entity
(including, without limitation, the use of email addresses of or associated with any of the
foregoing);
12.11
using the account, username, or password of another
Member at any time or disclosing your password to any third-party or permitting any third-party
to access your account;
12.12
using or distributing any information obtained from
TrophySight.com in order to harass, abuse, or harm another person or entity, or attempting to do
the same;
12.13
displaying an unauthorized commercial advertisement on
your profile, or accepting payment or anything of value from a third person in exchange for your
performing any commercial activity through the unauthorized or impermissible use of
TrophySight.com on behalf of that person, such as placing commercial content on your profile,
links to e-commerce sites not authorized by TrophySight, or sending messages with a commercial
purpose;
12.14
relaying email from a third-party's mail servers without
the permission of that third-party;
12.15
using invalid or forged headers to disguise the origin
of any Content transmitted to or through TrophySight’s computer systems, or otherwise
misrepresenting yourself or the source of any Message or Content;
12.16
using any automated system, including, but not limited
to, scripts or bots in order to harvest email addresses or other data from TrophySight.com for
the purposes of sending unsolicited or unauthorized material;
12.17
engaging in, either directly or indirectly, or
encouraging others to engage in, click-throughs generated in any manner that could be reasonably
interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
12.18
using TrophySight.com in a manner inconsistent with any
and all Applicable Law.
13. Protecting Copyrights and Other Intellectual Property.
TrophySight respects the intellectual property of others, and requires that our Users do the
same. You may not upload, embed, post, email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person
or entity. For all copyright, trademark, service mark, patent, or trade secret violations please
contact Brandon Gador by email at Brandon@trophysight.com or write to Brandon Gador 3781 Birchview
Road West Bend, WI 53095. They are acting as the designated agent to receive complaints of copyright
or other violations. For the requirements in a copyright complaint please see 11.15 above.
14. Third-Party Partner Services.
Partner Services created by third-party developers may be available on or in connection with
TrophySight.com. Partner Services include applications, websites, desktop, wireless, mobile and
other services available from third-parties which can be installed onto your TrophySight account or
shared with other Users on TrophySight.com or which may link to your TrophySight account from
outside of TrophySight.com. Partner Services may use your TrophySight account information on the
Partner Service and share activity events between TrophySight and the Partner Service.
When you engage with a third-party Partner Service, you are interacting with the third-party, not
with TrophySight. TrophySight does not control the third-party, and cannot dictate their actions. If
you choose to use a third-party Partner Service, the Partner Service may use and share your data in
accordance with the privacy policy of and your privacy settings on such service. In addition, the
third-party providing the Partner Service may use other parties to provide portions of the
application or service to you, such as technology, development or payment services. TrophySight is
not responsible for and makes no warranties, express or implied, as to the third-party Partner
Services or the providers of such Partner Services (including, but not limited to, the privacy
practices thereof). TrophySight encourages you not to provide any personally identifiable
information to any third-party Partner Service unless you know and are comfortable with the party
with whom you are interacting.
15. Member Disputes.
You are solely responsible for your interactions with other TrophySight.com Users, third-party
developers or any other parties with whom you interact through TrophySight.com and/or Partner
Services. TrophySight reserves the right, but has no obligation, to become involved in any way with
these disputes.
16. Privacy.
Use of TrophySight.com is also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
17. Disclaimers.
17.1
TrophySight is not responsible for and makes no
warranties, express or implied, as to the User Content or the accuracy and reliability of the
User Content posted through or in connection with TrophySight.com or Partner Services, by Users
of TrophySight.com or Partner Services. Such User Content does not necessarily reflect the
opinions or policies of TrophySight. In addition, TrophySight is not responsible for any damage,
injury or loss caused by Users of TrophySight.com or by any of the equipment or programming
associated with or utilized in TrophySight.com or Partner Services.
17.2
Accounts and Partner Services created and posted by
Members or developers on or in connection with TrophySight.com may contain links to other
websites or services. TrophySight is not responsible for the Content, accuracy or opinions
expressed on such websites and services, and such websites and services are not necessarily
investigated, monitored or checked for accuracy or completeness by TrophySight. Inclusion of any
linked website or service on TrophySight.com does not imply approval or endorsement of the
linked website or service by TrophySight. When you access these third-party sites and services,
you do so at your own risk.
17.3
TrophySight takes no responsibility for third-party
advertisements or Partner Services that are posted on or in connection with TrophySight.com or
Partner Services, nor does it take any responsibility for the goods or services provided by
these third-parties.
17.4
TrophySight is not responsible for the conduct, whether
online or offline, of any User of TrophySight.com or Partner Services.
17.5
TrophySight assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of, any User
communication. TrophySight is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer equipment,
software, failure of any email due to technical problems or traffic congestion on the Internet
or on TrophySight.com or Partner Services or combination thereof, including, without limitation,
any injury or damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with TrophySight.com or Partner
Services.
17.6
Under no circumstances shall TrophySight be responsible
for any loss or damage, including, without limitation, personal injury or death, resulting from
use of TrophySight.com or Partner Services, attendance at a TrophySight event, from any User
Content posted on or through TrophySight.com or Partner Services, or from the conduct of any
Users of TrophySight.com, whether online or offline.
17.7
TrophySight.com and Partner Services are provided "AS
IS" and “AS AVAILABLE” and TrophySight EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
TrophySight cannot guarantee and does not promise any specific results from use of
TrophySight.com or Partner Services. TrophySight also cannot guarantee the accuracy of
information posted on TrophySight.com.
18. Limitation on Liability.
IN NO EVENT SHALL TROPHYSIGHT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF TROPHYSIGHT.COM OR PARTNER SERVICES, EVEN IF
TROPHYSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, TROPHYSIGHT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
TROPHYSIGHT FOR USING TROPHYSIGHT.COM DURING THE TERM OF MEMBERSHIP.
19. United States Export Controls.
Software available in connection with TrophySight.com (the "Software") is further subject to
United States export controls. No Software may be downloaded from TrophySight.com or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at
your sole risk.
20. Disputes.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Wisconsin, without regard to its conflict of law provisions. You and TrophySight agree to submit to
the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any
dispute arising out of this Agreement or TrophySight.com. EACH OF THE PARTIES HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY
CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES
THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
21. Indemnity.
You agree to indemnify and hold TrophySight, its parents, subsidiaries, affiliates,
subcontractors and other partners, and their respective owners, officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including, but not limited to,
reasonable attorneys' fees, made by any third-party due to or arising out of your use of
TrophySight.com in violation of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth in this Agreement and/or any Content
that you post on or in connection with TrophySight.com.
22. Other.
This Agreement is accepted upon your use of TrophySight.com and is further affirmed by you
becoming a Member. Your agreement with TrophySight will always include this Agreement at a minimum.
Your access and use of certain portions of TrophySight.com will require you to accept additional
terms and conditions applicable to those portions of the website, in addition to this Agreement, and
may require you to download Software or Content.
The failure of TrophySight to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining provisions.
To contact us with any questions or concerns about this Agreement, please contact TrophySight at
admin@trophysight.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT
NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS
CONDITIONS REGARDLESS.