Terms of Use and Privacy Statement
Please read these Terms of Use carefully before
using this site. By using this site, you signify
your agreement with these Terms of Use. If you do
not agree with any of the below Terms of Use, do
not use this site. This website and its affiliated
and related entities ("ATV Source") reserves the
right, in its sole discretion, to modify, alter
or otherwise update these Terms of Use at any time
and you agree to be bound by such modifications,
alterations or updates. You should read the full
text of these Terms of Use and visit this page periodically
to review the Terms of Use, because they are binding
on you.
- Privacy - This describes the information
we collect from you when you visit our web site
and what we do with that information.
- Restrictions on Use, Trademarks & Copyrights
- This describes what you can and can't do with
the text, images, and video clips that you find
on our web site.
- Linked Sites - We are not responsible
for the material on linked web sites.
- Disclaimer - We are providing this
web site for illustrations, entertainment and
promotional purposes on an "as is" basis without
any warranties.
- Limitation of Liability - We are
not liable for any damages you may incur from
using this web site.
- Submissions - This describes what
happens to material that you post on this web
site and what you should refrain from posting.
- Contests - This describes some general
rules, which apply to the contests that we may
run on this web site.
- Indemnification - Your liability,
should you violate this agreement, includes
indemnification of us and our affiliates.
- Export Control - The export of certain
materials to some countries may be prohibited.
- Jurisdictional Issues - You are responsible
for compliance with your local laws relating
to access to the type of material on our web
site. Any lawsuits relating to this web site
must be brought in Ohio.
PRIVACY
See Privacy
Statement
RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS
This site is controlled and operated by ATV Source,
LLC
at 5586 Wanda Way, Hamilton, OH 45011. All material
on this site, including, but not limited to images,
illustrations, audio clips, and video clips, is
protected by copyrights which are owned and controlled
by ATV Source or by other parties that have licensed
their material to ATV Source ("Copyrights"). Unless
granted permission by ATV Source, material from
www.atvsource.com or any web site owned, operated, licensed
or controlled by ATV Source may not be used solely
for non-personal or commercial purposes and may
not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way.
Modification of the materials including, but not
limited to, removal of copyright, trademark or other
notice of proprietary rights, or use of the materials
for any other purpose is a violation of this Terms
of Use Agreement, as well as laws protecting copyrights
and other proprietary rights. For purposes of this
Terms of Use Agreement, unless granted permission
by ATV Source, the use of any such material on any
other computer-related environment is prohibited.
LINKED SITES
This site may contain links to web sites operated
by third parties ("Linked Sites"). The Linked Sites
are provided for your convenience or on a paid advertising
basis only and are not an endorsement by ATV Source
of the content on such Linked Sites. ATV Source
makes no representation regarding, and is not responsible
for, the content or accuracy of the materials on
such Linked Sites. If you decide to access any Linked
Sites, you do so at your own risk.
DISCLAIMER
This web site and the materials associated with
this web site are provided on an "as is" basis without
warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable
law, ATV Source disclaims all warranties, express
or implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose
and non-infringement of third parties' rights. ATV
Source does not warrant that the web site will operate
error-free or uninterrupted, that defects will be
corrected, or that this web site and/or its server
will be free of viruses and/or other harmful components.
ATV Source does not warrant or make any representations
regarding availability, accuracy, reliability, completeness,
or timeliness of the materials, services, text,
graphics, and or links associated with this web
site. If your use of this web site or the materials,
services, text, graphics, and or links associated
with this web site results in the need for servicing
or replacing equipment or data, ATV Source is not
responsible for those costs. The material associated
with this web site is provided solely for illustrations,
entertainment and promotional purposes. The information
and opinions expressed in Bulletin Boards, Chat
Rooms, or other forums conducted on this site ("Forums")
are not necessarily those of ATV Source or its content
providers, advertisers or sponsors and ATV Source
makes no representations or warranties regarding
that information or those opinions.
LIMITATION OF LIABILITY
In no event shall ATV Source or its content providers
be responsible or liable to any person or entity
whatsoever (including, without limitation, persons
who may use or rely on such data/materials or to
whom such data/materials may be furnished) for any
loss, damage, injury, claim, liability or other
cause whatsoever (including, without limitation,
incidental and consequential damages, lost profits,
or damages resulting, directly or indirectly, from
lost data or business interruption) resulting from
the use or inability to use this web site and/or
the material associated with this web site, or resulting
from any information or opinions provided on this
web site and/or the material associated with this
web site, whether based on warranty, contract, tort,
or any other legal theory, and whether or not ATV
Source or any of its affiliated or related entities
are advised of the possibility of such damages.
SUBMISSIONS
Any communication or other material submitted
or posted to this web site will be considered nonconfidential
and by posting or otherwise submitting any communication
or other material, you automatically grant ATV Source
a royalty-free, perpetual, irrevocable, nonexclusive
license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display the
communication or material alone or as a part of
other works in any form media, or technology whether
now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicenses.
ATV Source is not responsible for any material
posted on our Forums. You shall not:
- Post any sexually explicit image;
- Impersonate another person or entity;
- Post any content which libels, defames,
invades privacy, or is obscene, pornographic,
abusive, harassing, hateful, or threatening;
- Post any content which infringes any intellectual
property or other right of any entity or person,
including, but not limited to violation of copyrights,
trademarks, laws governing trade secrets, rights
to privacy, or publicity;
- Post any content, which violates any law
or advocates illegal activity;
- Advertise or otherwise solicit funds, post
any content, which is a solicitation for goods,
services or participation in any pyramid schemes,
or post any chain letters.
ATV Source does not represent or guarantee the
truthfulness, accuracy, and reliability of any communications
posted by other users. You acknowledge that any
reliance on material posted by other users will
be at your own risk. ATV Source might not screen
communications in advance and is not responsible
for screening or monitoring material posted by users.
ATV Source reserves the right to remove any material
that violates the above conditions, is otherwise
inappropriate, or does not positively contribute
to the forum.
CONTESTS
From time to time, ATV Source may conduct contests.
See the Official Contest Rules for rules, which
may apply, to particular contests. No Purchase is
Necessary to enter a contest conducted by ATV Source.
Any contest conducted by ATV Source is open to all
persons, 10 years of age or older, except employees
of ATV Source and their immediate families (immediate
family is defined as a parent, sibling, child or
any person residing in the same household as the
employee). Contests conducted by ATV Source are
void where prohibited and are subject to all federal,
state and local laws and regulations.
Any prize awarded in connection with a contest
conducted by ATV Source is non-transferable. No
substitution or cash equivalent for any prize is
permitted, except by ATV Source in its sole discretion.
In case of unavailability of any prize, ATV Source
reserves the right to substitute a prize of equal
or greater value. Taxes, if any, are the sole responsibility
of the winner. The odds of winning a contest conducted
by ATV Source will depend on the total number of
entries received.
ATV Source is not in anyway liable for damage,
loss or injury resulting from the award or use of
any prize. The winner assumes all liability for
injuries caused by or claimed to be caused by his
or her participation in a contest conducted by ATV
Source. ATV Source reserves the right, in its sole
discretion, to cancel or suspend any contest should
virus, bugs or other causes beyond the control of
ATV Source corrupt the administration, security
or proper administration of the contest. ATV Source
reserves the right at its sole discretion to disqualify
any individual it finds to be tampering with the
entry process or the operation of a contest conducted
by ATV Source or to be acting in violation of these
rules or the Official Contest Rules for any contest
conducted by ATV Source. Internet or e-mail entrants
must have a valid e-mail address. ATV Source assumes
no responsibility for lost, mutilated or misdirected
entries. ATV Source is not responsible for late
entries, for incorrect, inaccurate or incomplete
entry information whether caused by a contestant
or by an equipment or technical malfunction or by
any technical or human error, which may occur in
the processing of the entries in a contest, conducted
by ATV Source. An entry that is illegible, incomplete
or late will be disqualified. If a prize notification
is returned as undeliverable or ATV Source cannot
contact the winner for any reason within seven days,
the prize may be forfeited and an alternate winner
may be selected by random drawing of the remaining
eligible entries. Contest entries will be judged
by ATV Source, whose decision on winner selection
and all other matters relating to this contest are
final. By accepting a prize, the winner grants ATV
Source permission for the use of their name and
biographical information for advertising or promotional
purposes without additional compensation, except
where prohibited by law. All entries become property
of ATV Source and will not be returned.
ATV Source reserves the right to modify these
rules for clarification purposes without materially
affecting the terms and conditions of any contest
conducted by ATV Source.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless,
ATV Source, its officers, directors, employees,
agents, distributors, advertisers, sponsors, content
partners and affiliates from and against any and
all claims, actions, demands, liabilities, costs,
or expenses, including reasonable attorney's fees,
resulting from your breach of the terms of this
Agreement.
EXPORT CONTROL
The United States controls the export of products
and information. You agree to comply with such restrictions
and not export or re-export any materials associated
with this web site to countries or persons prohibited
under export control laws. By viewing or downloading
any such materials, you are agreeing that you are
not in a country to which such export is prohibited
or are a person or entity to which such export is
prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the
import, export, or re-export of any such materials.
JURISDICTIONAL ISSUES
This site is controlled and operated by ATV Source
from its offices in the Commonwealth of Ohio, United
States of America. ATV Source makes no representation
that materials in this web site are appropriate
or available for use in other locations. Those who
choose to access this site from other locations
do so on their own initiative and are responsible
for compliance with local laws, if and to the extent
local laws are applicable. Access to this web site
and the materials associated with this web site
may not be legal by certain persons or in certain
countries. If you access this web site from outside
the United States, you do so at your own risk and
are responsible for compliance with the laws of
your jurisdiction.
This agreement shall be governed
by, construed and enforced in accordance with the
laws of the Commonwealth of Ohio, without regard
to conflict of law principles. Any action you, any
third party or ATV Source bring to enforce this
agreement or, in connection with, any matters related
to this site shall be brought only in either the
state or Federal Courts located in the Commonwealth
of Ohio, and you expressly consent to the jurisdiction
of said courts. If any provision of this agreement
shall be invalid, 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.
This is the entire agreement between you and ATV
Source with respect to the use of this web site
and shall not be modified except in writing, signed
by an authorized representative of ATV Source.
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