- Use of this Website
- Scope of Terms; Links to GunBroker.com
- Ownership of Content
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the Services provided on the Website. No right, title or interest in any materials or software is transferred to you as a result of any use by you. You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in related software. All software used on this Website is the property of GunBroker.com or its licensors and suppliers and protected by U.S. and international copyright laws. The Content and software on this Website may be used only for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited.
- Restrictions on Use
You are prohibited from violating or attempting to violate the security of the Website, or otherwise abusing the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services via the Website, or obtain other user information from the Website in order to do so; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website or bypass any measures used to restrict access to the Website; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (h) manipulating the price of any item or interfere with another user’s listings; or (i) collect information about other users without their consent. Violations of system or network security may result in civil or criminal liability.
- Copyrights and Trademarks
Unless otherwise noted, all Content constitutes copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by GunBroker.com, one of its affiliates or by third parties who have licensed their materials to GunBroker.com and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of GunBroker.com, or its affiliates, and is also protected by U.S. and international copyright laws.
”FFLUNLEASHED.COM”, the FFL UNLEASHED logo, and “SIGHTS ON SUCCESS” and logos and all related product and service names, design marks and slogans used on the Website are the trademarks or service marks of GunBroker.com or its affiliates. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
You may not use meta tags or other hidden text utilizing FFLUnleashed.com’s name or trademarks without our express prior written consent.
- Links to and from other Sites
Unless you have a separate linking agreement with Us, linking to any page of the Website other than to www.fflunleashed.com through a plain text link is strictly prohibited. Any website or other device that links to www.fflunleashed.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that GunBroker.com or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with us or any of the GunBroker.com affiliates, (e) presenting false information about our products or services, and (f) using any logo or mark described in Section 4 above without express written permission from GunBroker.com.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain GunBroker.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating you in any way.
- Disclaimer of Warranties
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE WEBSITE OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE WEBSITE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF GUNBROKER.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “GB PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE, SERVICES OR THE CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GB PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$100.00.
We may discontinue, suspend or modify the Website at any time without notice, and we may block, terminate or suspend your and any user’s access to the Website at any time for any reason in our sole discretion, even if access continues to be allowed to others.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Website regarding access, use, export, re-export and import of any Content appearing on or available through the Website. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under applicable law.
- International Users/Choice of Law
The Website is controlled, operated and administered by GunBroker.com or one of its affiliates, each of which is based within the United States. We make no representation that functions or information found at the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
- Choice of Forum; Limitations on Legal Actions.
- General Provisions
- Digital Millenium Copyright Act
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
Any individual or corporate entity (“Copyright Owner”) that believes in good faith that a User has infringed such Copyright Owner’s copyright(s), can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not and will not make any legal decisions about the validity of a Copyright Owner’s claim or your defenses to a claim.
When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the User who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“counter-notice”). On receiving a counter-notice, we may restore the allegedly infringing content unless we receive notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorney’s fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party, you should contact an attorney.
Filing a DMCA Notice
To file a DMCA notice, the Copyright Owner must send in a written letter by regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the Content that a Copyright Owner claims is infringing on copyrighted work. Copyright Owner must provide information reasonably sufficient to enable us to locate the item on the Site. Copyright Owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the Copyright Owner directly: name, street address, telephone number, and email (if available);
- If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I 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.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- The notice must be signed;
- The notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
P.O. Box 2511
Kennesaw GA 31056
Filing a DMCA Counter-Notice
If a User’s material has been removed or blocked by us as a result of a DMCA Notice, you may send us a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA asking for the allegedly infringing material to be restored. To file a DMCA counter-notice with us, you must send a written letter by regular mail only (not by email).
When we receive a counter-notice, we will send a copy of the counter-notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. We reserve the right to ignore a counter-notice that is not in compliance with the DMCA and we may, but are not obligated to, respond to a non-compliant counter-notice.
Your counter-notice must:
- Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the material. The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Fulton County, Georgia if your address is outside of the United States);
- State that you will accept service of process from the person (or an agent of such person) who provided the DMCA notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The counter-notice must be signed.
- The counter-notice must be sent to our designated DMCA designated agent at the following address:
DMCA Designated Agent
P.O. Box 2511
Kennesaw, GA 30156
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