Contributor Terms of Use

Contributor Terms of Use License Agreement

This Outdoor Hub Network Channel Partnership Agreement (“Agreement”) is entered into between Outdoor Hub, LLC, a Michigan limited liability company, whose registered office address is 28400 Northwestern Highway, 4th Floor, Southfield, Michigan 48034 (“Outdoor Hub”, “we”, “us” or “our”) and yourself/your entity (“Channel Partner”, “Partner”, “you” or “your”), effective as of your execution and submission of this Agreement by typing your name, entity name, contact information, and title of person authorized to enter into this Agreement on behalf of the entity and clicking the “I Agree” box after reading this Agreement (the “Effective Date”), and/or effective by the incorporation of these terms through a separate agreement signed by yourself/your entity. You acknowledge that this Agreement is an enforceable contract and intended to be a signed writing with the same force and effect as a traditional paper document signed in ink. You and any entity that enter into this Agreement shall be jointly and severally liable for a breach of the terms and conditions of this Agreement.

1. ACCEPTANCE OF TERMS

In consideration of you accessing, using and/or contributing to the “Content Platform” (as defined below) to gain notoriety or for other purposes, or accessing, using, and/or contributing to any Outdoor Hub products, software, data feeds, and services provided to you on, from, or through the Outdoor Hub website or network and any syndicated platform including connect widgets, mobile applications, e-mail, forum community seeding, banner ad units, RSS Feeds and anything related thereto that contains information, products, and/or Content (defined below) directly or indirectly related to Outdoor Hub including, without limitation, Content (defined below) appearing on websites not owned or managed by Outdoor Hub (collectively the “Service”) you signify your agreement to (1) this Agreement and (2) Outdoor Hub’s Privacy Policy, found at http://www.outdoorhub.com/privacy-policy/ (“Privacy Policy”). In the event of a conflict this Agreement and Other Policies, the terms and conditions of this Agreement shall control. “Content Platform” includes, without limitation, OutdoorHub.com, the Outdoor Hub YouTube Multi Channel Network, SkinnyMoose.com, BigGameHunt.net, OutdoorBlog.net, BoiseRiders.net, Glocktalk.com, Gundirectory.com, Morels.com, Pavementsucks.com, PNWRiders.com, PistolWorld.com, Shotgunworld.com, Taxidermy.com, AgHub.com, Michigan-Sportsman.com, OhioSportsman.com, Ohiogamefishing.com, IndianaSportsman.com, Wisconsin Outdoorsman.com, PursueTheOutdoors.com and other websites, applications (including Michigan Sportsman) or properties within our network which are owned and operated by Outdoor Hub or partnered with Outdoor Hub.

2. MODIFICATIONS OF THIS AGREEMENT

Outdoor Hub reserves the right, at its sole discretion, to modify or replace this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to this Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Use of the Service by you following such notification constitutes your acceptance of this Agreement as modified.

3. DESCRIPTION OF SERVICE

This Agreement applies to all Contributors of “Content” (as defined below) on the Service. “Content” includes anything that is covered by “Intellectual Property Rights” (defined below), text, software, scripts, graphics, photos, sounds, music, videos (IP content), audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. The Service includes all aspects of Outdoor Hub, including but not limited to all products, software and services offered via the Outdoor Hub website or network, such as Outdoor Hub Connect, Outdoor Hub Video, the Content Platform, and other applications. Outdoor Hub may alter, suspend or discontinue the Service, including any Content, for any or no reason, at any time, including the availability of any feature or Content. Outdoor Hub may also impose limits on certain features and services or restrict your access to parts or all of the Service/Content without notice or liability.

The Service may contain links to third party websites that are not owned or controlled by Outdoor Hub. Outdoor Hub has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, Outdoor Hub will not and cannot censor or edit the Content of any third-party site. By using the Service, you expressly relieve Outdoor Hub from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

4. REGISTRATION

You can browse and enjoy Content across many Outdoor Hub websites without registering. For some Content contributors, there is special access to unique tools and features including, without limitation, profile editing, uploading Content, managing comments, editing Content and direct messaging features with fan followers. These unique privileges are granted by Outdoor Hub as it determines in its sole and exclusive discretion. Outdoor Hub reserves the right to limit, restrict and/or revoke access at any given time. To request an application, please e-mail support@outdoorhub.com. You may not use language or contribute Content that is offensive, vulgar or obscene. You are solely responsible for your activity and any activity that occurs on your account. You must notify Outdoor Hub immediately of any breach of security or unauthorized use of your account. Although Outdoor Hub will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Outdoor Hub or others due to activity that occurs on your account.

By providing Outdoor Hub your email address (including by connecting to Outdoor Hub through a third-party service) you consent to our using the email address to send you the Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service, industry information and special offers. You will have the opportunity to unsubscribe from email communication by clicking on the unsubscribe button at the bottom of any Outdoor Hub email.

Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.

5. COMPENSATION

Outdoor Hub reserves the right to pay Contributors for their Content if the parties enter into a separate agreement in writing which is provided via a contract by Outdoor Hub. You shall have no right to receive any payment from Outdoor Hub and/or any third party for any advertising revenue or otherwise unless a written agreement between you and Outdoor Hub outlines the terms. Regardless of whether the parties enter into a written agreement regarding compensation arrangements, you shall not have any right to audit, inspect records, and/or obtain an accounting of the funds received by Outdoor Hub relating to the Content. Outdoor Hub will not remit payments until the total amount owed by Outdoor Hub to a single party equals or exceeds $100 USD.

If you receive compensation as a Contributor, you are an independent contractor and are not authorized to make representations or commitments to third parties on behalf of Outdoor Hub or our affiliates. You are responsible for calculating and paying all taxes owed on all compensation received by you from us. If any governmental entity determines that we are responsible for paying taxes on your behalf, any further compensation will be net of taxes and you will promptly refund to us the amount(s) which we were required to pay on your behalf. If you are a United States resident or a United States citizen, you must complete and submit to us an IRS Form W-9 and any other applicable tax documentation. All other Contributors will be required to complete a Form W-8BEN and any other applicable tax documentation. No worker’s compensation or other insurance will be obtained by us on your behalf. No payroll deductions for employment taxes or insurance of any kind will be paid by us.

6. USER CONDUCT

You may only use the Service if you are at least 18 years old and you have the right and have obtained all authorizations and consents necessary to execute and enter into this Agreement and use the Service. You shall comply with all applicable laws. Your Content shall be (i) original, (ii) not defame or disparage any person or entity or infringe upon or violate the Intellectual Property Rights, rights of privacy, or any other rights of any person or entity; and (iii) not be the subject of any litigation or other claim or proceeding, or, to your knowledge, any threat thereof. You have not and will not convey or impair any rights in and to the Content. If you learn of any claims alleging that any Content infringes upon any third party’s rights or is unlawful, you will immediately notify us in writing. All of the information you have provided and will provide to us in connection with this Agreement is and will at all times be true and correct and not contain any material omissions.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Outdoor Hub.

By way of example, and not as a limitation, you agree not to use the Service:

  1. To abuse, harass, threaten, impersonate, or intimidate readers, viewers or other users;
  2. To contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
  3. For any illegal or unauthorized purpose.
  4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
  5. To create or submit unwanted email (“Spam”) to any other users or any URL;
  6. To violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service; and
  9. With the intention of artificially inflating or altering ‘writer status’, or participating in any other organized effort that in any way artificially alters the results of the Services.

Outdoor Hub may remove any Content or deactivate any Outdoor Hub account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

To report a violation of this Agreement, please email: support@outdoorhub.com.

7. YOUR CONTENT

As a Contributor you may submit Content to the Service, including user comments. You understand that Outdoor Hub is not responsible for any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. By submitting Content, your contribution may include or be accompanied by your name, image, biography/resume, words, recorded actions, outtakes, voice/sound print, photograph, picture, video, movie, or other likeness (collectively, your “Likeness”). You agree that Outdoor Hub maintains legal usage rights in and to all Content, tangible works, and any results and proceeds arising from the use of any or all of your Likeness in connection with the Content. You further agree to give us the royalty-free right to use, incorporate, exhibit, reproduce, distribute, promote, publicize, and otherwise exploit your Likeness in any and all media, now known and hereafter devised, throughout the world and in perpetuity in connection with your Contribution. For the avoidance of doubt, our rights to your Likeness are limited to that which you submit to us as part of or in connection with your Contribution (for example, we have rights to video of you that you submit but not video of you that may exist elsewhere).

8. CONTENT DISCLAIMER

Outdoor Hub does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Outdoor Hub expressly disclaims any and all liability in connection with Content. Outdoor Hub does not permit copyright infringing activities and infringement of Intellectual Property Rights on the Service, and Outdoor Hub may, without having any obligation to do so, remove all Content if properly notified that such Content infringes on another’s Intellectual Property Rights or rights of publicity or privacy. Outdoor Hub reserves the right, but is not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions or for any or no reason.

Outdoor Hub takes no responsibility and assumes no liability for any Content that you, others, or third parties post or submit to the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. Outdoor Hub is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Outdoor Hub shall not be liable for any damages you allege to incur as a result of such Content.

You may be required to submit an application and gain acceptance to contribute Content through the Content Platform, which Outdoor Hub may approve or deny at its sole discretion.

You agree that you are the sole author, producer, owner of your Content, and that Outdoor Hub does not participate in the creation of any of your Content. As an author, you alone must complete a writing prompt or assignment and cannot outsource an assignment to a third party. However, Outdoor Hub reserves the right to utilize a third party to write about your Content in its sole and absolute discretion without have any obligation to compensate you.

You are solely responsible for your interactions with other users and Contributors. We reserve the right, but have no obligation, to monitor such disputes.

Outdoor Hub reserves the right to delete, adjust or remove Content that conflicts with or otherwise violates Outdoor Hub advertising exclusives.

When you or Outdoor Hub delete Content, it is deleted in a manner similar to emptying a computer recycle bin. Deleted Content may be contained in backup copies or other formats. Notwithstanding the foregoing, we have no obligation to store or otherwise backup the Content.

9. LICENSE GRANT

By submitting Content to Outdoor Hub, you hereby grant Outdoor Hub a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, add content, monetize with ads or otherwise, cut up, rework, create clips, optimize, obtain content files, alter, prepare derivative works of, display, and perform the Content in connection with the Service and Outdoor Hub’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, display and perform such Content as permitted through the functionality of the Service and under this Agreement. The above licenses granted by you in Content you submit to the Service are perpetual and irrevocable. You have no right to approve or object to any Content edited or modified by Outdoor Hub.

By providing video Content directly to Outdoor Hub for uploading, optimizing and/or syndicating you hereby grant Outdoor Hub an exclusive right to submit the Content to YouTube. Any duplication of this Content found to be uploaded/posted on YouTube after being submitted to the Content Platform shall be considered “matching 3rd party content” (as defined by YouTube) and: (i) Outdoor Hub’s license shall take precedence; and (ii) Outdoor Hub may remove or enable such Content for monetization by Outdoor Hub without having any obligation to compensate you. You may submit such Content by way of a different video platform that is not YouTube. You may not submit any portion of the Content directly or indirectly to YouTube unless directed by Outdoor Hub in writing. Unless you provide Outdoor Hub with advance notice in writing, you hereby represent that you have not previously submitted such Content or any portion thereof to YouTube. If you have previously submitted such Content to YouTube, you shall notify Outdoor Hub in writing at support@outdoorhub.com before submitting the Content to the Content Platform.

10. OUR PROPRIETARY RIGHTS

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of Outdoor Hub and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content accessible on the Service, “Outdoor Hub” and other Outdoor Hub graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Outdoor Hub protected by the laws of the United States and/or other countries or jurisdictions. Outdoor Hub’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Content that is modified by Outdoor Hub is unique edited material and is considered a copyright asset of Outdoor Hub. You have no claim to any edited or modified Content.

11. INDEMNITY

You shall indemnify and hold harmless Outdoor Hub, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including actual attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of this Agreement by you, or the infringement by you, or any third party using your account or acting on your behalf, of any Intellectual Property Rights or other right of any person or entity (the “Liabilities”). You agree to advance to Outdoor Hub all costs, actual attorneys’ fees, actual experts’ fees, and similarly related items arising from the Liabilities immediately upon request so that Outdoor Hub is not required to pay such expenses out of its own funds. Outdoor Hub shall have the right to select the attorneys of its choice to defend Outdoor Hub, at your sole cost and expense, and to make all decisions and in every respect control the manner in which the Outdoor Hub is defended.

12. WARRANTY AND DISCLAIMERS

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit in accordance with the terms and conditions of this Agreement; you have not submitted/posted/uploaded the Content to YouTube; and you license/sub-license to Outdoor Hub all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the terms and conditions of this Agreement.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Outdoor Hub all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations. You acknowledge that Outdoor Hub has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you once posted for public viewing; how users may interpret, use or share the Content; or what actions users may take as a result of having been exposed to the Content. You release Outdoor Hub from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Outdoor Hub makes no representations concerning any Content contained in or accessed through the Service, and Outdoor Hub will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OUTDOOR HUB, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

OUTDOOR HUB, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OUTDOOR HUB, LLC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OUTDOOR HUB, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Outdoor Hub has no control over such sites and resources, you acknowledge and agree that Outdoor Hub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Outdoor Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You understand that this Agreement and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL OUTDOOR HUB, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF OUTDOOR HUB, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL OUTDOOR HUB, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, THE CONTENT, YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled from its facilities in the United States. Outdoor Hub LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law and all other laws that may govern.

15. TERMINATION

Outdoor Hub may terminate or suspend the Service in whole or in part and/or your Outdoor Hub account immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.

If you wish to terminate your Outdoor Hub account, you may discontinue using the Service by sending an email message to support@outdoorhub.com with the words “Terminate account” in the subject field. All provisions of this Agreement, which by their nature should survive termination, shall survive termination.

16. MISCELLANEOUS

Outdoor Hub may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Outdoor Hub in our sole discretion. Outdoor Hub reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. Outdoor Hub is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@outdoorhub.com to your email address book to help ensure you receive email notifications from us.

If any provision of the this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Outdoor Hub’s prior written consent. Outdoor Hub may transfer, assign or delegate this Agreement and its rights and obligations without consent.

This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, as if this Agreement was made within Michigan between two residents thereof, and except for disputes submitted for arbitration pursuant to the following paragraph, the parties submit to the exclusive jurisdiction of the state and federal courts located in Michigan. In any action or proceeding by Outdoor Hub to enforce rights under this Agreement, Outdoor Hub shall be entitled to recover its costs and attorneys’ fees from you. Both parties agree that this Agreement, together with any amendments and any additional agreements you may enter into with Outdoor Hub in connection with the Service, constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

Any claim by you, including but not limited to any amounts due, is waived unless notice thereof is received by Outdoor Hub within sixty (60) days. Failure to provide such notice within said period shall constitute an unqualified acceptance of Outdoor Hub’s compliance with the terms and conditions of this Agreement and a waiver by you of all claims related thereto.

Any claim by you, including but not limited to any breach of this Agreement, amounts due, or for any other cause shall be brought in your individual capacity in accordance with the arbitration section of this Agreement and not as a plaintiff or class member in any purported class or representative proceeding.

You acknowledge that any breach of this Agreement could cause irreparable damage to Outdoor Hub and that, in the event of such breach, Outdoor Hub shall have the right, without being required to post bond or other security, to obtain exparte injunctive relief, including without limitation, specific performance or other equitable relief, to prevent the violation of your obligations hereunder. It is expressly understood and agreed that nothing herein contained shall be construed as prohibiting Outdoor Hub from electing to pursue any other remedies available for such breach or threatened breach or for any other default under this Agreement, including without limitation, the recovery of damages.

Except for the right to Outdoor Hub to seek injunctive or equitable relief, any dispute or controversy arising under, out of, in connection with, or in relation to this Agreement, any amendment hereof, or the breach hereof, shall be determined and settled by arbitration in the metropolitan Detroit area, in accordance with the Commercial Arbitration Rules of the American Arbitration Association through a single arbitrator. If the parties cannot agree to a single arbitrator, the parties shall each select an arbitrator that will work together to select the single arbitrator. Any award rendered therein shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction thereof.

In the event any part or parts of this Agreement are found to be void, the remaining provisions of this Agreement shall nevertheless be binding, with the same effect as though the void part or parts were deleted.

17. COPYRIGHT POLICY

Outdoor Hub requires that users of the Service respect the copyright and other Intellectual Property Rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”) and Video Privacy Protection Act (“VPPA”), Outdoor Hub may, without having any obligation, terminate, where warranted as determined in Outdoor Hub’s sole discretion, users whom Outdoor Hub believes are intentional and/or repeat infringers.

If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to Outdoor Hub’s DMCA Agent. To be effective, federal law requires your DMCA Notice to include the following information:

  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that you claim is infringing, with sufficient detail so that Outdoor Hub may readily locate it.
  • Information sufficient to permit Outdoor Hub to contact you such as your name, address, telephone number, and e-mail address.
  • A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
  • The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

The DMCA Notice must be submitted to support@outdoorhub.com to the attention of DMCA Agent.