Terms of Use, Copyright and Privacy Agreement

THE YORK COMPANY, LLC
Website Terms of Use, Copyright and Privacy Agreement

PLEASE READ THE TERMS OF USE, COPYRIGHT AND PRIVACY AGREEMENT (FURTHER REFERRED TO AS “TERMS” OR “AGREEMENT”) CAREFULLY. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. THIS AGREEMENT FORMS A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND THE YORK COMPANY, LLC (HEREAFTER “TYC”, “US” or “WE”) IN THE USE OF ANY OF ANY THE YORK COMPANY LLC WEBSITES, MOBILE SITES, APPLICATIONS AND OTHER SERVICES, INCLUDING BUT NOT LIMITED TO OWENYORK.COM, ANY OF ITS SUBDOMAINS OR ANY OTHER WEBSITE ON WHICH A LINK TO THIS AGREEMENT APPEARS, (COLLECTIVELY, THE “TYC WEBSITES”).

THE USER OR “YOU” IS ANY INDIVIDUAL ACCESSING THE TYC WEBSITE AT ANY TIME AND UNDER ANY CONDITIONS. YOU AGREE TO BE BOUND BY THE TERMS AS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE TYC WEBSITE.YOU MUST BE AT LEAST AGE 18 TO USE THIS SITE.

By using the TYC WEBSITES, you affirm that you are 18 years old or older. If you are under age 18, you must not access or use the TYC WEBSITES.

TYC reserves the right to change or modify any of the terms contained in the TYC WEBSITES or any policy or guideline of the TYC WEBSITES, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the TYC WEBSITES, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the TYC WEBSITES following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the Agreement governing your use of the TYC WEBSITES. If you do not agree to the amended terms, you must stop using the TYC WEBSITES.

TERMS OF USE
1. DESCRIPTION OF SERVICES. TYC provides art, prints, writing and other services, including promotion leading to the potential sale of firearms, firearms parts, ammunition, firearms-related equipment, services, accessories or other related items by and through various businesses related to TYC, and also engaged in public writing and publishing, commenting, discussions, linking, publishing images, video and/or audio and any related services which may include emails, newsletters, contests or sweepstakes, or other services not specifically listed but related (hereinafter “Services”). All Services are subject to this Agreement.

  1. PRIVACY POLICY. This Privacy Policy explains how information about you is collected, used and disclosed by TYC. The Privacy Policy applies to information we collect when You use the TYC WEBSITES, mobile sites, and other online services. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Agreement and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the TYC WEBSITES to stay informed about our information practices and the ways you can help protect your privacy.

By “personal information” we mean any information that may identify the User including, but not limited to: the User’s name; email; address; age; etc. The Privacy Policy included in this Agreement applies to personal information entered into the TYC WEBSITES or gathered or collected by TYC as a result of User’s use of the TYC WEBSITES or a Service provided by TYC. Your personal information may be received by signing up or registering with any one of the TYC WEBSITES, subscriptions to newsletters or mailings, contest or giveaway entries, profiles or third-party memberships, logins through Facebook, Twitter or any other social media platforms that interact with the TYC WEBSITES.

All personal information including names, social media contacts, addresses, etc., which User enters into the TYC WEBSITES is private unless they share that information publicly through the TYC WEBSITES, profiles, bios, or elsewhere. TYC respects our Users and their privacy and will not sell or disclose your personal information to any third parties unless required to do so by law, or to be in compliance with any possible legal situations, or to protect TYC and its rights and properties, or by the permission of User. Your personal information may be used in safety, debugging or correctional actions, authorized collaborations between another business, and/or statistical analysis for TYC purposes, but in which case individual identities will be protected. TYC will protect User privacy to the best of its abilities.

We may use information about You for various purposes, including to:
Provide, maintain and improve our TYC WEBSITES and send you technical notices, updates, security alerts, and support and administrative messages;
Provide and deliver the information or assistance you request, process donations and transactions, and send you related information, including confirmations and receipts;
Respond to your emails, submissions, comments, questions and requests, provide customer service, request feedback, and otherwise contact you about your use of the TYC WEBSITES;
Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various campaigns, candidates, issues, events, resources, promotions, contests, products, and services;
Help connect you with other supporters, and to solicit volunteers, donations, and support for TYC and for candidates, issues, and organizations that we support;
Promote new vendors, products, services, sites or articles.
Comply with applicable Federal elections laws and contact you if other information is necessary under such laws;
Monitor and analyze trends, usage and activities in connection with our TYC WEBSITES;
Personalize and improve the TYC WEBSITES and provide advertisements, content, or features that match user profiles or interests or that are based on the information you provide or the actions you take; and
Notify and contact contest or sweepstakes entrants; and
Carry out any other purpose for which the information was collected.

TYC is based in the United States and the information we collect is governed by US law. By accessing or using the TYC WEBSITES or otherwise providing information to US, You consent to the processing and transfer of information in and to the US and other countries.

TYC is not responsible in any way for personal information you make public in any way and in any place, and you assume full responsibility for it and its possible misuse. You are responsible for your username, password, any personal information including third party information such as your social media accounts, etc., and the security involved with this information. TYC is not responsible for inaccuracies, untruths, or any other incorrect data entered by User. Anyone posting personal information on TYC WEBSITES should be aware of this disclaimer and should be aware of our discouragement of this practice for safety concerns. When you publicly post personal information, it is not covered under this Privacy Policy nor does TYC have any responsibility or liability if you engage in publicly making known your personal information. You do so at your own risk.

We reserve the right to provide third parties, vendors, clients or customers of TYC with statistics or other information, which may include details about TYC Services and Users. This is strictly for the purposes of sales, marketing, partnerships, general business or quality control. TYC may use third party products in which case personal information may be used or stored, for example (but not limited to) sending out newsletters through a third party who specializes in email campaigns, or a delivery company. User will not hold TYC responsible for any violations of this policy in the case of breach of security or privacy on the part of a third party. Any personal information is not sold by any third-party vendor.

TYC may promote User articles or videos from a TYC WEBSITE. In such cases, we may refer to the User’s username or the name designated to be used publicly on the TYC WEBSITES (from the User’s profile). Unless stated otherwise to TYC in writing, You grant TYC permission to use the User’s articles, videos or other content posted by You or with your permission on the TYC WEBSITES.

Subscribing to the TYC WEBSITES or Services is considered permission for TYC to use the User’s personal information in accordance with what’s stated above, but You may unsubscribe to TYC WEBSITES at any time and request the discontinuance of User’s personal information being used in any way.

If you would like to engage in more privacy protection, TYC encourages Users to research and employ their own preferred methods which may include disabling cookies, ad blocking software, etc. You may change your personal information at any time by logging in and adding, changing or deleting it in your profile. Personal information should update instantly, but TYC is not responsible for any lags, glitches or liabilities due to publicly posted information by the User.

In the case of a sale or transfer of ownership of TYC, the TYC WEBSITES or other property of TYC in which User’s personal information may be involved, User’s personal information as included in this Agreement may be transferred to another company with or without notice to you.

  1. RESPONSIBILITY. By accepting this Agreement, You are entirely responsible for ensuring that the sale and transfer of any and all items in any transaction that You are involved with complies with applicable federal, state and local legal requirements for the sale, transfer and transport of any items. This includes any statutes, regulations, and requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding online sales, the sale and/or transfer of any item subject to export or import control, taxation, duties or tariffs, or brokers. You and any other person or business entering into any sale or sales contract are solely responsible for any sales, results of the sales or any other related activity resulting from the transaction(s) and the Services featured on this site.

  2. ORDER ACCEPTANCE. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. TYC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any User. Verification of information may be required prior to the acceptance of an order. Prices and availability of products are subject to change without notice. Errors will be corrected when discovered if reasonable and TYC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). TYC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may be restricted or terminated for any reason, at our sole discretion.

  3. CONTENT OWNERSHIP AND USE: You may only publish content created by you, which is original content, and which is not pirated, copied, or stolen from another website unless written permission is granted.

User agrees to allow TYC or its partners or associates or successors full license to use and promote User’s content worldwide, without limit, and without monetary obligation from TYC. This includes the right and full license for TYC to use it in any medium, display, advertising, marketing or other social media avenues, etc. This Agreement constitutes User’s permission for TYC to use any content on TYC WEBSITES in any way TYC sees fit.

User agrees that TYC is not responsible for anything including, but not limited to, offensive, threatening, racist, vulgar articles, infringement, etc. The User agrees to use TYC WEBSITES with full responsibility and at their own risk.

  1. LIMITED LICENSE: You are granted a limited, non-sublicensable license to access and use TYC WEBSITES for User’s informational, non-commercial and personal use only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of TYC WEBSITES or the materials therein; (b) the reproduction, distribution, public performance or public display of any TYC WEBSITE or materials; (c) modifying or otherwise making any derivative uses of the TYC WEBSITE and materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the TYC WEBSITE, the materials or any information contained therein, except as expressly permitted on the TYC WEBSITE; or (g) any use of the Website or materials other than for its intended purpose.

Any use of the TYC WEBSITE or materials other than as specifically authorized herein, without the prior written permission of TYC, is strictly prohibited and will terminate the license granted in this Agreement. You will not copy, publish, make available publicly any news, pictures, interviews, features, or other TYC content, without express written permission from TYC. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  1. INFRINGEMENT: If you believe that your work has been copied and posted in a way that constitutes copyright or trademark infringement, please notify us immediately. TYC will act quickly and remove any and all infringed content if shown to be a valid infringement. TYC reserves the right to remove any material and/or content without notice, at our sole discretion and without liability. Any violating accounts or Users will be deleted, if the offense is repeated or severe.

  2. TYC WEBSITES MAINTENANCE: TYC periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. You agree that TYC has no responsibility and is not liable for: (a) the unavailability of any of the TYC WEBSITES; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of our sites, any Internet service providers or otherwise.

  3. CONDUCT OF USERS. All information and content published by User is the full responsibility of User. While we make reasonable efforts to maintain the integrity of the TYC WEBSITES, we cannot control all of its Users and published content. We ask that Users are respectful and do not post content that is racist, hate-crimes oriented, threatening, copyrighted, patented, under non-disclosure or non-compete agreements, offensively vulgar or violent, pornographic, illegal, or otherwise harmful. If You see any content that violates this Agreement, including but not limited to this section 11, we ask that You report it through the contact forms available on the TYC WEBSITES, and TYC will conduct a proper investigation and ensure proper measures are taken to stop the display of any harmful or offensive content. TYC reserves the right to cancel any subscription to any Services immediately for any reason including those reasons listed herein.

  4. USER PROMOTION OF PRODUCTS AND BRANDS AND PROHIBITED USES. TYC may use various independent product suppliers, distributors, services, etc., who supply the products and/or content advertised. All trademarks, service marks, product names, designs, company names or logos associated with these that are not owned by TYC but may appear on our sites and are the property of their respective owners.

Users agree not to promote a particular product or brand for User’s financial gains, percentages, sales, etc., unless prior written approval by TYC is given. Any misleading, biased or untrue content will be removed from the TYC WEBSITES upon discovery of such. By using TYC WEBSITES and Services, You agree that:
You are not sponsoring any product or brand, or, if so, are doing it with TYC permission in writing;
You are not making unauthorized or unlicensed usage of copyrights, patents, or intellectual property rights;
You will not interfere with TYC operations or business including the tracking of all statistics, flows of traffic through the TYC WEBSITES or any other TYC Services.

TYC reserves the right to review any and all content on the TYC WEBSITES and within its Services and to change, edit, delete or remove any content at its sole discretion.

  1. INDEMNITY. You agree to defend, indemnify and hold harmless TYC, its subsidiaries, affiliates and partners, vendors, providers, employees, owners, officers, directors and agents (“indemnified parties”) from and against any claims, demands, copyright Infringement, liabilities, losses, damages, fees, costs and/or expenses (including reasonable attorneys’ fees) arising out of or related to your acts or omissions with regard to the TYC WEBSITES and User’s use of it and the Services, including without limitation any actual or threatened lawsuit, claim or demand made against TYC or the indemnified parties.

  2. TERMINATION. We reserve the right to terminate any User, vendor, customer, account, username, password or access to any and all TYC WEBSITES, Services and/or content, at our sole discretion for any reason, at any time without notice. You agree that TYC is not liable for any losses in any form to You or third parties in the case of termination of this Agreement. You may terminate this Agreement at any time by discontinuing the use of the TYC WEBSITES.

  3. SUBMISSION OF UNSOLICITED IDEAS. TYC does not accept unsolicited ideas of any kind, including but not limited to: advertising, promotions, products, technology, materials, marketing, or any product names. Please don’t send any ideas or materials relating to the above to TYC or through the TYC WEBSITES. If You do send us any unsolicited ideas of any sort, we make no promises that they will be treated as confidential or proprietary.

  4. ADVERTISING. TYC may run advertisements and promotions from third parties on the TYC Website or may otherwise provide information about or links to third party organizations, products or services on the TYC WEBSITES. The User’s dealings or correspondence with, or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and such third party. TYC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-TYC advertisers or third-party information on the TYC WEBSITES.

You agree to not interfere in any way with any advertisements on the TYC WEBSITES. Any interference will constitute a violation of Agreement and may be grounds for Termination.

  1. DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TYC, THE TYC WEBSITES AND MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TYC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TYC WEBSITES AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. TYC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE TYC WEBSITES OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE TYC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TYC WEBSITES AND SERVICES SAFE, TYC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TYC WEBSITES OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

TYC reserves the right to change any and all content contained in the Website and to modify, suspend or discontinue the Websites or any Services offered through the website or any features or functionality of the TYC WEBSITES or the Services at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TYC.

  1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Tennessee, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the TYC WEBSITES or this Agreement.

  2. ENTIRE AGREEMENT. This Agreement is the complete and entire agreement between You and TYC as it relates to the Website Terms of Use and the Privacy Agreement and is the current and binding legal agreement above all other agreements (including, but not limited to any earlier versions or editions of this Agreement). We reserve the right to modify and/or change any part of this Agreement at any time and new terms or conditions will be effective immediately with or without notice, unless required by applicable law, but will be published on TYC WEBSITES when updated.

  3. COPYRIGHT AND TRADEMARK. Website notice, Copyright 2023 THE YORK COMPANY LLC. All rights reserved. This website is the copyrighted property of TYC and any images, products, services, logos, service names or slogans contained in TYC WEBSITES are trademarks of TYC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TYC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “TYC” or any other name, trademark or product or service name of TYC without our prior written permission. In addition, the look and feel of TYC WEBSITES, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TYC and may not be copied, imitated or used, in whole or in part, without our prior written permission.