TrophyRoom.com (collectively with its corporate affiliates and including all features, content and applications available on the website, "Trophy Room," "us" or "we") is an interactive website that allows you to view and share hunting, fishing and outdoor electronic content ("Content"). By using Trophy Room (regardless of whether you have created a login and registered with Trophy Room and of whether you have contributed videos or other Content to Trophy Room), you agree to the following terms of use (the "Terms of Use") and to Trophy Room's Privacy Policy, which may be accessed at http://www.trophyyroom.com/privacy-policy/. We may modify or amend these Terms of Use at any time so you should bookmark this page and check it often. By using Trophy Room, you agree to any such modifications or amendments. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE TROPHY ROOM. At times, you may be asked to accept additional terms and conditions. This may happen, for instance, when you use certain services on Trophy Room. Unless otherwise stated, such terms are incorporated by reference into these Terms of Use.

THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND DUTIES SO YOU SHOULD READ THEM CAREFULLY.

Eligibility for Use. In order to use Trophy Room, you must be fully able and competent to enter into these Terms of Use, be over the age of thirteen (13), and if you are under eighteen (18) years of age, you must have permission from your parent or legal guardian. In addition, you may not use Trophy Room if any applicable law or regulation prohibits it. Finally, any information you provide to us must be accurate and truthful, and you agree to update it as needed to ensure that it remains current. If you do not meet these conditions and use Trophy Room, you are in violation of these Terms of Use.

Third Party websites. While using Trophy Room, you may be able to access third party websites through advertisements or other links. Trophy Room's approval or allowance of such links indicates no endorsement by us of such third party's website, services, products, policies or other information. Trophy Room is not responsible for, and cannot control, the content of those third party websites. You should contact those third parties directly for information on their terms of use, privacy policy, and other relevant information. By using Trophy Room, you agree that you will not attempt to hold Trophy Room responsible or liable for the content of such third party websites.

User Account. In order to access certain features on Trophy Room, you must create a user account (a "User Account"). If you choose to create such a User Account, you are responsible for keeping your password a secret and ensuring that others do not learn your identity through your use of Trophy Room. We are not responsible for your use of Trophy Room, and by using Trophy Room, you take full responsibility for your actions relating to your use of Trophy Room. You agree to notify us immediately if you suspect or learn of any unauthorized use of your User Account. You also agree that you will not use another person's User Account or attempt to impersonate another user of Trophy Room (a "User") or any other third party.

Limited License to Use Trophy Room. Trophy Room and all Content on Trophy Room are the property of either Trophy Room or its Users or licensors with all rights reserved. You may not copy, modify, distribute, reproduce, sell, post, download or otherwise use such Content in any form or in any medium, in whole or in part, without the prior written permission of Trophy Room; provided, however, that you may use any Content you produce and post on Trophy Room in accordance with these Terms of Use. If you meet the eligibility requirements above, Trophy Room hereby grants you a non-exclusive, limited license to access and view the Trophy Room Content in accordance with these Terms of Use, and in connection therewith, to use Trophy Room as intended through its normal functionality and to stream Trophy Room Content. Videos on Trophy Room may not be permanently downloaded, stored or otherwise copied by you. This limited license only applies to your non-commercial, personal use. You may not use any Trophy Room Content in any publications or compilations, nor may you (with the exception of your own User Content, as defined below) repost the Content on the Internet. The limited license granted in this section will terminate if you violate any of the Terms of Use. In addition, Trophy Room reserves the right to terminate this license at any time, for any reason or for no reason, and with or without cause. Unless otherwise stated, this limited license does not grant you any intellectual property rights in relation to the Trophy Room Content.

Conditions of Use. In addition to any other requirements in these Terms of Use, by accessing or otherwise using Trophy Room you agree:

(1) You will not modify any portion of Trophy Room or its related technologies. You will not disable, circumvent, or interfere with the security features Trophy Room provides, or the features that limit copying or use of Content on Trophy Room

(2) You will not use Trophy Room or the Content on Trophy Room for any commercial purpose (including any purpose relating to advertising) unless you have prior, written permission from Trophy Room.

(3) You will not access Trophy Room through the use of an automated system, including, but not limited to, robots, spiders, data mining, or similar methods; provided, however, that commercial search engines may use such technology solely in connection with the creation of publicly available search indexes.

(4) You will not solicit, directly or indirectly, the Users of Trophy Room in connection with any commercial purpose.

(5) You will comply with these Terms of Use and all applicable laws and regulations associated with the use of Trophy Room.

(6) Trophy Room may modify, alter or discontinue Trophy Room, or any portion thereof, at any time without notice.

(7) You acknowledge that all of the Content on Trophy Room is owned by or licensed to Trophy Room. This includes, without limitation, all trademarks, logos, trade names, service marks, text, graphics, videos, music, and other Content. You will comply will all applicable copyright, intellectual property, and other laws and regulations regarding such Content.

(8) You will not use Trophy Room for any unlawful or tortious purpose.

Your User Provided Content. Once you register with Trophy Room, you acquire the ability to post Content on Trophy Room, comment on other Users' Content and otherwise communicate with other Users (collectively with any other User posted Content, "User Content"). When you take advantage of these capabilities, the material you post becomes publicly available for third parties to see and the confidentiality of such User Content cannot be guaranteed by Trophy Room. When you post User Content on Trophy Room, you retain ownership of such content, but you grant Trophy Room an unlimited, non-exclusive, perpetual, world-wide, royalty-free, sublicenseable, transferable license to use the User Content in any manner it deems fit, including, without limitation, to reproduce, display, distribute, modify, convert to another format, prepare derivative works of, and perform the User Content in connection with Trophy Room's business and to post the User Content on Trophy Room.

In connection with posting User Content on Trophy Room, you represent and warrant that you either own the User Content you submit or have such licenses, rights or permissions as are necessary to post the User Content and grant the license referred to above. In addition, you represent and warrant that the posting of your User Content and the posting or transmitting or any additional material will not violate any third party's privacy, or other personal or proprietary, rights and that it will not violate any trademarks, copyrights, trade secrets, trade names or other proprietary rights. You agree that you are solely responsible for the posting of your User Content and acknowledge that you are responsible for paying any royalties or other amounts owing to any third parties as a result of your posting of User Content and the use of such User Content under the above-granted license.

You agree that you will not post any offensive, unlawful, obscene or inappropriate User Content, or User Content that otherwise appeals to the prurient interest on Trophy Room. Trophy Room reserves the right to remove User Content from Trophy Room at any time, without notice, for any reason including, but not limited to, User Content that violates this section.

You are solely responsible for creating and maintaining backup copies of your User Content.

Termination of User Account. Trophy Room reserves the right to terminate your User Account or delete your User Content for any reason at any time and without notice.
User Content of Others. Trophy Room does not pre-approve or monitor the User Content that Users post. Therefore, we have no way of knowing if a User posts inappropriate or unlawful User Content. We do accept notifications of copyright infringements (see below for more information on this service) and we may attempt to remove other inappropriate and unlawful User Content, but we disclaim all liability for the User Content Users choose to post.

Disputes with Other Users. With the exception of notices of copyright infringement (see below), all disputes you may have with other Users of Trophy Room are solely your responsibility. We may monitor your interactions with other Users, but you agree that we have no obligation to become involved in or moderate any disputes with other Users that you may have.

Disclaimer of Warranty; Limitation of Liability. TROPHY ROOM AND THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." TROPHY ROOM DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO TROPHY ROOM AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF TROPHY ROOM AND ANY RELATED SOFTWARE, PRODUCTS OR SERVICES IS AT YOUR OWN RISK. TROPHY ROOM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF TROPHY ROOM OR ANY RELATED SOFTWARE, PRODUCTS OR SERVICES OR WITH THE DELAY OR INABILITY TO USE TROPHY ROOM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF TROPHY ROOM HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify and hold harmless Trophy Room and its affiliates, officers, directors, employees and agents, from and against any and all actions, causes of action, claims, demands, costs, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to your use of Trophy Room, your violation of the rights of any third party (including, without limitation, intellectual property and privacy rights), your violation of these Terms of Use, and any claim that your User Content harmed a third party. Your obligation to indemnify Trophy Room will survive termination of these Terms of Use and your use of Trophy Room.

Legal Action for Violation. If you violate any of these Terms of Use or use Trophy Room for any illegal or unauthorized purpose, Trophy Room reserves the right to initiate appropriate legal action against you.

Copyright Infringement and the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act ("DMCA"), and specifically 17 U.S.C. § 512(c)(3), a copyright agent has been designated to receive notification of a claimed copyright infringement for Trophy Room. If you are a copyright owner or an agent of a copyright owner and believe your copyrighted work is being infringed on by any User Content posted on Trophy Room, please notify our copyright agent by using our contact form. When notifying us of the alleged copyright infringement, please be sure to include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Trophy Room are covered by a single notification, a representative list of such works at that site.

(3) 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 Trophy Room to locate the material.

(4) Information reasonably sufficient to permit Trophy Room to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(5) 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.

(6) 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.

If you neglect to provide all of the requested information or otherwise comply with this section and DMCA, your notice may not be valid. In addition, if you file a notice containing false information, you may be liable for damages and your actions may constitute perjury. Upon receipt of a valid notice, we will remove the offending material and notify the User who posted the infringing User Content.

If you have posted User Content that is removed, and you believe such removal was a mistake or that you have the necessary licenses or permissions to post the User Content, you may send the copyright agent designated above a counter-notice. According to DMCA (17 U.S.C. § 512(g)(3)), the counter-notice must contain the following information:

(1) Your physical or electronic signature.

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Trophy Room may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

After receiving such a counter-notice, Trophy Room may send a copy of it to the party who sent the original notice. If the owner of the copyright does not file a court action, Trophy Room, in its sole discretion, may replace or restore the removed User Content ten (10) or more days after receiving the counter-notice.

Governing Law, Jurisdiction and Venue. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Colorado applicable to contracts made and to be performed wholly within such state. The courts of the State of Colorado shall have exclusive jurisdiction, including in personam jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to these Terms of Use.

Assignment. You may not assign or delegate any of your rights or obligations under these Terms of Use. Trophy Room may assign these Terms of Use at its sole discretion, without notice, and at any time.

Entire Agreement. These Terms of Use constitute the entire agreement between you and Trophy Room with respect to the matters covered by them and supersede any prior understanding or agreements, oral or written, with respect thereto.

Costs and Attorneys' Fees. If you or Trophy Room commences any action or proceeding against the other to enforce these Terms of Use, or to recover damages or obtain injunctive or other relief resulting from the alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses, including without limitation reasonable attorneys' fees.

Captions. All captions, titles, headings, and divisions in these Terms of Use are for purposes of convenience and reference only, and shall not be construed to limit or affect the interpretation of the Terms of Use.

Successors and Assigns. The provisions of these Terms of Use shall inure to the benefit of, and be binding on, you and Trophy Room and yours and its successors, assigns, employees, legal representatives, heirs, distributees, and transferees, by operation of law, whether or not any such person shall become a party to these Terms of Use or have agreed in writing to join or be bound by the terms and conditions of these Terms of Use.

Waiver and Severability. No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained. If any provision or portion of a provision of these Terms of Use is declared void and/or unenforceable, such provision or portion shall be deemed severed from these Terms of Use, which shall otherwise remain in full force and effect.