Terms of Use
This is a binding legal agreement. Please read carefully before you click on the "I agree" button. By clicking on the "I agree" button, you are agreeing to be legally bound by all of the terms and conditions set forth below.
Please also review our Privacy Policy, here, which is hereby incorporated into this agreement. Conditioned upon your acceptance of these Terms of Use, Stetson hereby grants you permission to access and use the Website as set forth in these Terms of Use.
1. Ability to Accept Terms of Use You affirm that you are either (1) more than 18 years of age, or (2) more than 13 years of age and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
2. The Website
(a). These Terms of Use apply to all users of the Stetson.com (the "Website"), including users who are also contributors of video content, photographs, information, and other materials or services on the Website.
(b). The Website may contain links to third party websites that are not owned or controlled by Stetson. Stetson has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party Websites.
3. Stetson.com Accounts
In order to access some features of the Website, you will have to create a Stetson.com account. You may not use another person's account. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on or in connection with your account, and you agree to make all reasonable efforts to keep your account password secure. You agree to notify Stetson immediately of any breach of security or unauthorized use of your account. Stetson has the right, but not the obligation, to reject, change, disallow, or discontinue at any time any username that, in Stetson's sole unfettered discretion, is objectionable or inappropriate for any reason.
4. General Use of the Website-Permissions and Restrictions
(a). The Website, and the contents thereof, is proprietary to Stetson. The content of the Website is owned by or licensed to Stetson, subject to copyright and other intellectual property rights under the law. You may access and use the Website or its content for personal, non-commercial use.
(b). You agree that you will not reproduce, distribute or make derivative works of the Website or any of the contents thereof without the express consent of Stetson. You agree not to alter or modify any part of the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the content therein. You agree that you will not systematically retrieve data or other content from the Website by any means, and you will not compile a database or directory of information extracted from the Website.
(c). You agree not to use the Website for any use or purpose not permitted within these Terms of Use without the prior written authorization of Stetson. Prohibited uses include, without limitation, any of the following actions taken without the express approval of Stetson: sale of access to the Website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; the sale of advertising on the Website; the sale of advertising on any third-party website targeted to the content of specific User Submissions or Stetson content; and any use of the Website or its related services that Stetson finds, in its sole discretion, to use Stetson's resources or User Submissions with the effect of competing with or displacing the market for the Website or its User Submissions.
(d). You agree not to use or launch any automated system, including without limitation "robots," "spiders," or "offline readers" that accesses the Website in a manner that sends more request messages to Stetson's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, Stetson grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for the creation of publicly available searchable indices of the materials, but not for the creations of caches or archives of such materials. Stetson reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names and e-mail addresses, from the Website, or to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
(e). Stetson reserves all rights not expressly granted in and to the Stetson's Content and the Website.
5. Your User Submissions and Conduct
(a). As a Stetson.com account holder you may submit textual content ("User Comments) and picture, photographic or video content ("User Videos"). User Comments and User Videos are collectively referred to as "User Submissions." By submitting any User Submission to the Website, you hereby waive any privacy expectations that you may have with respect to any such User Submission, including to any comments, photo, video or other data or information submitted by you to the Website.
(b). You acknowledge and agree that any User Submission submitted by you to the Website may be available for viewing, rating, review and comment on by the public. You acknowledge and agree that, once submitted by you and made accessible to users, Stetson shall have no obligation to remove, delete, or disable access to any User Submission made by you, or to return any submission to you.
(c). You retain copyright in your User Submissions. By submitting User Submissions to the Website, however, you hereby grant Stetson a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and use in any other manner that may be hereafter developed the User Submissions in connection with the Website and Stetson's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels that exist now or may be developed. You also hereby grant each user of the Website a non-exclusive, irrevocable license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted by Stetson. In addition to other things, the rights granted to Stetson includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the User Submission.
(d). You agree not to submit a User Submission that contains any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Stetson all of the license rights granted herein. By posting a User Submission, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so.
(e). You agree not to submit material that is offensive, derogatory, obscene, infringing of any third party's rights, or contrary to local, national, and international laws and regulations.
(f). Stetson does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Stetson expressly disclaims any and all liability in connection with User Submissions.
(g). You acknowledge and agree that Stetson shall have no obligation to post, display or otherwise make publicly available any User Submission submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any User Submission that you submit to the Website
6. Removal of Content
Stetson has the right, but not the obligation, to take any of the following actions, in [company's] sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
(a). Restrict, suspend or terminate your access to or use of the Website;
(b). Change, suspend or modify all or any part of the Website or the features thereof;
(c). Refuse or remove any material posted on, submitted to or communicated through the Website by you;
(d). Deactivate or delete any screen names, profiles or other information associated with you; or
(e). Alter, modify, discontinue or remove any content of the Website.
7. Digital Millennium Copyright Act
Stetson has a policy of protecting copyrights and of complying with the take-down procedures established under the Digital Millennium Copyright Act, 17 U.S.C. %uFFFD 512 ("DMCA").
(a). If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the DMCA to Holly Lim at Holly@Stetson.com, including the following elements (see 17 U.S.C 512(c)(3) for further detail):
.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; . Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; . Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; . Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; . A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and . A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Stetson's customer service through Stetson.com You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. (b) Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: . Your physical or electronic signature; . Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; . A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and . Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Stetson may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at [company's] sole discretion.
8. Account Termination Policy Stetson may terminate a User's access to its Website at its sole discretion. 9. Interaction Between Users
You are solely responsible for your interactions with other users of or visitors to the Website. (a). Stetson shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Website, including any email functionality thereof, between you and other users of or visitors to the Website or any third parties. You acknowledge and agree that Stetson, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Website. (b). Stetson does not verify any information posted to or communicated via the Website by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that Stetson does not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Website.
10. Disclaimer and Limitation of Liability You agree that your use of the Website shall be AT YOUR SOLE RISK. To the fullest extent permitted by law, Stetson, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Stetson makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any websites linked to this Website, and assumes no liability or responsibility for any
(a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting you're your access to and use of our Website;
(c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein,
(d) any interruption or cessation of transmission to or from our Website;
(e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party; and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Website.
Stetson does not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Stetson will not be a party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.
In no event shall Stetson, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any:
(a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Website; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from out Website; (e) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our Website by any third party, and/or (f) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not Stetson is advised of the possibility of such damages. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STETSON SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Stetson from its facilities in the United States of America. Stetson makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Disputes
You agree that any dispute arising from, relating to or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of the New York, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts located in New York, New York, to the personal jurisdiction of which you hereby consent. You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. %uFFFD 501 et seq. (the "Act"), regardless of whether our Content is protected by the Act or has been timely and/or properly registered under the Act, and regardless of whether you are located in the United States. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST Stetson ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Indemnity
You agree to defend, indemnify and hold harmless Stetson, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. 13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stetson without restriction.
14. Revisions
Stetson may modify these Terms of Use and/or the Privacy Policy effective immediately upon notice to you either by (1) electronic mail or conventional mail or (2) posting to the site (which shall be deemed constructive notice). Your continued use of the site following notice of any modification to shall be conclusively deemed an acceptance of all such modification(s).
