Terms of Service
General
This website (the “Site”) is owned and operated by Burning Sky Outfitters “Burning Sky
Outfitters” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by
these Terms of Service and to use the Site in accordance with these Terms of Service,
our Privacy Policy and any additional terms and conditions that may apply to specific
sections of the Site or to products and services available through the Site or from
COMPANY. Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on
use of the Site, from time to time, in which case we will post the revised Terms of
Service on this website. By continuing to use the Site after we post any such changes,
you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our
partners or licensors, and are protected by copyright, trademark, and other intellectual
property laws. The Site is provided solely for your personal noncommercial use. You
may not use the Site or the materials available on the Site in a manner that constitutes
an infringement of our rights or that has not been authorized by us. More specifically,
unless explicitly authorized in these Terms of Service or by the owner of the materials,
you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell,
create derivative works, exploit, or distribute in any manner or medium (including by
email or other electronic means) any material from the Site. You may, however, from
time to time, download and/or print one copy of individual pages of the Site for your
personal, non-commercial use, provided that you keep intact all copyright and other
proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog
entries, Facebook postings, photos and videos) to us via the Site, internet groups, social
media venues, or to any of our staff via email, text or otherwise, you are representing: (i)
that you are the owner of the material, or are making your posting or submission with
the express consent of the owner of the material; and (ii) that you are thirteen years of
age or older. In addition, when you submit, email, text or deliver or post any material,
you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, exploit,
create derivative works from, distribute, and/or publicly perform or display such material,
in whole or in part, in any manner or medium, now known or hereafter developed, for
any purpose. The foregoing grant shall include the right to exploit any proprietary rights
in such posting or submission, including, but not limited to, rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction. Also, in
connection with the exercise of such rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or submissions by name,
email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall
be deemed a “work made for hire” when the work performed is within the scope of the
definition of a work made for hire in Section 101 of the United States Copyright Law, as
amended. As such, the copyrights in those works shall belong to COMPANY from their
creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and
shall have the right to exploit any or all of the results and proceeds in any and all media,
now known or hereafter devised, throughout the universe, in perpetuity, in all languages,
as COMPANY determines. In the event that any of the results and proceeds of your
submissions hereunder are not deemed a “work made for hire” under Section 101 of the
Copyright Act, as amended, you hereby, without additional compensation, irrevocably
assign, convey and transfer to COMPANY all proprietary rights, including without
limitation, all copyrights and trademarks throughout the universe, in perpetuity in every
medium, whether now known or hereafter devised, to such material and any and all
right, title and interest in and to all such proprietary rights in every medium, whether now
known or hereafter devised, throughout the universe, in perpetuity. Any posted material
which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display
any postings or contributions of any kind and that COMPANY may elect to cease the
use and display of any such materials (or any portion thereof), at any time for any
reason whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so
long as the link does not state or imply any sponsorship of your site by us or by the Site.
However, you may not, without our prior written permission, frame or inline link any of
the content of the Site, or incorporate into another website or other service any of our
material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by
others. Our linking to such third-party sites does not imply an endorsement or
sponsorship of such sites, or the information, products or services offered on or through
the sites. In addition, neither we nor partners operate or control in any respect any
information, products or services that others may provide on or through the Site or on
websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or
content expressed or made available by others, including information providers, are
those of the respective authors or distributors, and not COMPANY. Neither COMPANY
nor any third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible
for the accuracy and reliability of any opinion, advice, or statement made on any of the
Sites by anyone other than an authorized COMPANY representative while acting in
his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS
IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN
BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its partners,
their successors, transferees, assignees and licensees and their respective parent and
subsidiary companies, agents, associates, officers, directors, shareholders and
employees of each from and against any and all claims, causes of action, damages,
liabilities, costs and expenses, including legal fees and expenses, arising out of or
related to your breach of any obligation, warranty, representation or covenant set forth
herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products
and services online that are provided by others. We are not responsible for the quality,
accuracy, timeliness, reliability or any other aspect of these products and services. If
you make a purchase from a merchant on the Site or on a site linked to by the Site, the
information obtained during your visit to that merchant’s online store or site, and the
information that you give as part of the transaction, such as your credit card number and
contact information, may be collected by both the merchant and us. A merchant may
have privacy and data collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In addition, when you purchase
products or services on or through the Site, you may be subject to additional terms and
conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or
any additional terms and conditions that may apply, visit that merchant’s website and
click on its information links or contact the merchant directly. You release us and our
partners from any damages that you incur, and agree not to assert any claims against
us or them, arising from your purchase or use of any products or services made
available by others through the Site.
Your participation, correspondence or business dealings with any group found on or
through our Site, regarding payment and delivery of specific goods and services, and
any other terms, conditions, representations or warranties associated with such
dealings, are solely between you and such group. You agree that COMPANY shall not
be responsible or liable for any loss, damage, or other matters of any sort incurred as
the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone
acting on your behalf through the Site. You agree to use the Site and to purchase
services or products through the Site for legitimate, non-commercial purposes only. You
also agree not to make any purchases for speculative, false or fraudulent purposes or
for the purpose of anticipating demand for a particular product or service. You agree to
only purchase goods or services for yourself or for another person for whom you are
legally permitted to do so. When making a purchase for a group that requires you to
submit the group’s personal information to us or a merchant, you represent that you
have obtained the express consent of such group to provide such group’s personal
information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will
be considered unauthorized, an infringing use of our copyrighted material, and may
subject violators to liability.
If payment for a course is declined, our system will automatically disable access to our
premium materials. (We understand. This usually happens because a credit card
expires.) We want to help restore your access, so we’ll make every attempt to contact
you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat
rooms, and email services, which allow feedback to us and real-time interaction
between users, and other features which allow users to communicate with others.
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other
public posting areas on the Site, or sent via any email services on the Site, lies with
each user – you alone are responsible for the material you post or send. We do not
control the messages, information or files that you or others may provide through the
Site. It is a condition of your use of the Site that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site or its
features, or disobey any requirements, procedures, policies or regulations of the
networks we use to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities or cause
injury or property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or network
connected to this Site, by means such as hacking, password mining or other illicit
means.
● Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any
local, state, national or international law.
● Use the Site to post or transmit any information, software or other material that
violates or infringes upon the rights of others, including material that is an invasion of
privacy or publicity rights or that is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first obtaining
permission from the owner or rights holder.
● Use the Site to post or transmit any information, software or other material that
contains a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising.
● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written approval.
● Gather for marketing purposes any email addresses or other personal information that
has been posted by other users of the Site.
COMPANY may host message boards, chats and other public forums on its Sites. Any
user failing to comply with the terms and conditions of this Agreement may be expelled
from and refused continued access to, the message boards, chats or other public
forums in the future. COMPANY or its designated agents may remove or alter any
user-created content at any time for any reason. Message boards, chats and other
public forums are intended to serve as discussion centers for users and subscribers.
Information and content posted within these public forums may be provided by
COMPANY staff, COMPANY’s outside contributors, or by users not connected with
COMPANY, some of whom may employ anonymous user names. COMPANY expressly
disclaims all responsibility and endorsement and makes no representation as to the
validity of any opinion, advice, information or statement made or displayed in these
forums by other groups, nor are we responsible for any errors or omissions in such
postings, or for hyperlinks embedded in any messages. Under no circumstances will
we, our partners, suppliers or agents be liable for any loss or damage caused by your
reliance on information obtained through these forums. The opinions expressed in these
forums are solely the opinions of the participants, and do not reflect the opinions of
COMPANY or any of its subsidiaries or partners.
COMPANY has no obligation whatsoever to monitor any of the content or postings on
the message boards, chat rooms or other public forums on the Sites. However, you
acknowledge and agree that we have the absolute right to monitor the same at our sole
discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any
postings or content, in whole or in part, for any reason and to disclose such materials
and the circumstances surrounding their transmission to any group in order to satisfy
any applicable law, regulation, legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We
want every single member to add value to the group. Our goal is to make your
community the most valuable community you’re a member of. Therefore, we reserve the
right to remove anyone at any time. We rarely do this, but we want to let you know how
seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain demographic
information including your gender, year of birth, zip code and country. In addition, if you
elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or
bulletin boards, you may also be asked to register with us on the form provided and
such registration may require you to provide personally identifiable information such as
your name and email address. You agree to provide true, accurate, current and
complete information about yourself as prompted by the Site’s registration form. If we
have reasonable grounds to suspect that such information is untrue, inaccurate, or
incomplete, we have the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration process is governed
by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you
will receive through the Site’s registration process. You are responsible for maintaining
the confidentiality of the password and account, and are responsible for all activities
(whether by you or by others) that occur under your password or account. You agree to
notify us immediately of any unauthorized use of your password or account or any other
breach of security, and to ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR PARTNERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS,
EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS,
OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY,
EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY
OF OUR SUBSIDIARY AND PARENT COMPANIES OR PARTNERS IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE
PRODUCTS, SERVICES AND/OR MATERIALS
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN
INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL
ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND
INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES
ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE
INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX,
ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN
OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR
SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION
SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN
SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND
YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL
PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY
OR ITS PARTNERS and relied upon as to the future income, expenses, sales volume or
potential profitability that may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time
without notice. In the event of cancellation or termination, you are no longer authorized
to access the part of the Site affected by such cancellation or termination. The
restrictions imposed on you with respect to material downloaded from the Site, and the
disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for
any refund. Each specific product, service, event or course will specify its own refund
policy.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under the U.S. copyright law. If you believe in good faith that materials hosted by
COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice
requesting that the material be removed or access to it be blocked. Any notification by a
copyright owner or a person authorized to act on its behalf that fails to comply with
requirements of the DMCA shall not be considered sufficient notice and shall not be
deemed to confer upon COMPANY actual knowledge of facts or circumstances from
which infringing material or acts are evident. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, the DMCA permits you to
send to COMPANY a counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement
or counter notices can be reached as follows: [[email protected]]
This Agreement shall be binding upon and inure to the benefit of COMPANY and our
respective assigns, successors, heirs, and legal representatives. Neither this
Agreement nor any rights hereunder may be assigned without the prior written consent
of COMPANY. Notwithstanding the foregoing, all rights and obligations under this
Agreement may be freely assigned by COMPANY to any partner entity or any of its
wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of
the State of [YOUR COUNTRY/STATE] and any dispute shall be subject to binding
arbitration in [YOUR COUNTRY/STATE], [YOUR COUNTRY/STATE]. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
Added Terms of Service
Burning Sky Outfitters
Users agree to receive marketing messaging from Burning Sky Outfitters including
promotional updates and season updates, (Ex. “This is the team from Burning Sky
Outfitters, we have open booking for next month and wanted you to be one of the first to
know.”). You can cancel the SMS service at any time. Simply text “STOP” to the
shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS.
Following this confirmation, you will no longer receive SMS messages from us. To
rejoin, sign up as you did initially, and we will resume sending SMS messages to you. If
you experience issues with the messaging program, reply with the keyword HELP for
more assistance, or reach out directly to [email protected]. Carriers are not
liable for delayed or undelivered messages. As always, message and data rates may
apply for messages sent to you from us and to us from you. You will receive 2
messages per month. For questions about your text plan or data plan, contact your
wireless provider. For privacy-related inquiries, please refer to our privacy policy:
Burning Sky Outfitters – Privacy Policy
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our discretion. If
we should update this policy, we will post the updates to this page on our Website.
If you have any questions or concerns regarding our privacy policy please direct them
to: [email protected]