Site Agreement, Terms & Conditions of Use, Policy Concerning Privacy
Please read the following carefully before accessing or using this NO SHADOWS OPTICS website (site):
NATURE OF AGREEMENT; FORMATION
By accessing and using this site, you (or user) agree to be bound by the terms and conditions set forth below without limitation or qualification (Agreement). Accessing or using this site from locations where (i) the site’s availability, use, provided access or site contents are or may be illegal or may reasonably constitute or give rise to a civil claim, or (ii) this Agreement or any of its terms are illegal or unenforceable, is prohibited. The following terms and conditions exclusively govern your use of, access to, and rights and privileges associated with this site. If you do not wish to be bound by this Agreement, you may not access, use or download from this site.
Welcome to the NO SHADOWS OPTICS Website!
We are pleased that you have chosen to visit our website. We hope that you will find your visit here informative and that you will contact us with your questions and comments.
This site is strictly for your personal, non-commercial use. A substantial portion of its content is controlled by NO SHADOWS OPTICS, LLC (NSO or we/us) from its offices located within the United States of America. NSO makes no representation (and none should be implied) that information, images or other content appearing on this site, or used in its generation or in the generation of any text, sound, graphics or other imagery appearing or used on this site, or that any software programs, program updates, upgrades, releases, technical documentation or other materials available for viewing or download from this site, (collectively, Contents) are appropriate or available for use in other locations. Availability, use or access to this site from locations where availability, use, access or the Contents are or may be illegal or civilly actionable, or where this Agreement or any of its terms are illegal or unenforceable, is prohibited. If you choose to access this site from such other locations, you do so at your own risk and you are responsible for compliance with applicable local law and for any and all consequences of failing to comply with local law. You may not use or export the Contents in violation of U.S. export laws and regulations. Any claim relating to the Contents shall be governed by the internal substantive laws of the State of Colorado, USA.
AGREEMENT AND SITE MODIFICATIONS; ACCESS
NSO reserves the right at any time to modify the terms of this Agreement by updating this Agreement. You agree to review this Agreement periodically to be aware of such modifications and your continued access shall be deemed your conclusive acceptance of this Agreement as modified. NSO further reserves the right at any time without notice and for any reason, to alter, add, update or remove any Contents on this site and to deny you access to all or any part of this site.
REGISTRATION, USE OF PASSWORD-PROTECTED PERSONAL ACCOUNTS
In order to engage in certain activities associated with the site, access certain areas of the site and/or take full advantage of certain of its features, such as the ability to participate in user fora, we may ask you to register with us or to establish a user account. In such cases, you agree that:
1. You will follow any instructions provided on the site concerning password selection and use, will keep your password confidential and will use it solely for your own personal use in accessing your account and utilizing the features of the site in accordance with its terms.
2. You are responsible for any misuse, damage or harm caused by others that you allow to use your password and/or your account.
3. You will notify NSO promptly upon learning of any breach or potential breach of the confidentiality of your password or of its unauthorized use by others.
4. The information you provide to us as part of the account set-up or registration process, and any subsequent updates or changes thereto, will be current and accurate.
5. You will not use your account for any of the purposes or uses prohibited in the section titled UNLAWFUL AND PROHIBITED USES, set forth below in this Agreement.
6. You are entitled to establish one user account. The user account is personal to you. You will not open or attempt to open multiple user accounts, and you will not use the account of any other user.
7. We have the right to cooperate with and to disclose your registration and account information and site activities to law enforcement at its request, without notice to you. Fully to the extent permitted by law, you hereby waive any claim or action against NSO and its subsidiary and affiliated companies and its and their officers, directors and employees arising by reason of or in connection with any such cooperation and disclosure.
8. We have the right, but not a duty, to monitor site activity, including, without limitation, review of any content uploaded by you and other users, and to take such action as we deem lawful, necessary and appropriate to preserve the proper and ordinary administration and functioning of the site.
9. We have the right, in the exercise of our sole discretion, to terminate your account and access to account-required features of the site for any breach of this Agreement, violation of related account or feature usage instructions and guidelines, what we in our sole discretion consider to be suspicious, harmful, unlawful or potentially unlawful activities or uses of the of the site or of its features, or for other reasons.
UNLAWFUL AND PROHIBITED USES
You agree that you will not make any unlawful or prohibited use of this site. In particular, by way of example and not in limitation, you agree that you will not:
1. Use the site to violate any applicable local, state, federal or international law or to communicate overtly or covertly with others for the purpose of encouraging or promoting any unlawful activity or to support or resource any unlawful organization or cause.
2. Attempt to gain unauthorized access to any of our servers, computer systems or networks, whether through hacking or any other means, or in any way attempt to overburden, disable or destroy them or impair, interrupt or inhibit their proper functioning.
3. Provide any false or intentionally misleading information for the purpose of misleading others concerning the proper uses of our products or services; disguise or attempt to disguise the origin of any content transmitted to us or posted on the site; or, in any upload or posting impersonate an employee or officer of NSO or others or attempt to pass yourself off as an employee, officer or representative of any company, service provider or other source or party with which you are unaffiliated or that you do not have the lawful right to represent.
4. Upload any protected, confidential, infringing or other materials which you are not legally entitled to upload or post; upload or post any personal data or identifying information of any third party; upload or post any defamatory or personally embarrassing images or information; or, upload or post any advertising, junk mail, spam or other promotional materials or solicitations.
5. Upload, post, email or otherwise transmit or cause to be transmitted any materials containing any software viruses, worms, Trojan horses or any other malicious computer code, malware, files or programs designed to interrupt, destroy or limit the functionality of any computer software, software programs, networks, telecommunications equipment or other hardware.
COPYRIGHTS AND OTHER PROPRIETARY RIGHTS MATTERS
In general, the information, data, designs, graphics, logos, sounds and other items used or appearing on this site are proprietary to NSO and its suppliers and licensors. Any pages or areas of the site that allow for independent posting of third-party content such as, by way of example and not in limitation, the uploading of files or images or posting of feedback, user technical or other help inquiries or suggestions or responses to other independent third-party postings (E.G., SUCH AS THAT FOUND IN CHATS, BLOGS OR COMMUNITY AREAS OR OTHER USER FORA), to the extent of such independent third-party content, are not proprietary to NSO, are not sponsored or endorsed by NSO and NSO assumes no responsibility or liability therefor or otherwise in connection with any such independently supplied third-party content. Except where express contrary provision is made, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site or derived from its Contents. Except where otherwise expressly granted and only to the limited extent thereof, all rights of NSO and its suppliers and licensors are hereby expressly reserved. Further, this site may contain other proprietary notices and instructions, the terms of which you also agree respectively to abide by and follow.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The following is provided to effectuate the purposes of Title 17, United States Code, Section 512 and with the intention of complying with the notice and related requirements of Subparagraphs (c)(2),(3) and (g)(2),(3) thereof.
If you believe any site Contents infringe copyrighted material proprietary and exclusive to you, you (or your authorized representative acting on your behalf) must submit conforming written notification (Notice) of such fact to our Designated Agent:
Mark E. Stohlman
NO SHADOWS OPTICS, LLC
P.O. Box 100
Cripple Creek, CO 80813-0100
For consideration and to be effective, the Notice must include all of the following:
1. Your signature (or the signature of a person authorized to act on your behalf).
2. Identification of the copyrighted work or works claimed to have been infringed.
3. A description of the material on the site that is claimed to be infringing and that is to be removed or disabled in reasonably sufficient detail to permit us to locate it.
4. Your (or your authorized representative’s) contact information, such as your physical address, telephone number and email address, so that we can contact you.
5. A statement of your good faith belief that use of the material in the manner complained of was not authorized by you and is not permitted by law.
6. Your statement that the information contained in the Notice is accurate (or, if given by your authorized representative, that he or she is authorized to act on your behalf, given under penalty of perjury).
Upon receipt of a conforming written Notice containing the above-required statements and other information, we will:
1. Remove (or disable access to, as applicable) the material that is alleged to be infringing.
2. Forward the contents of the Notice to the alleged infringer.
3. Take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the allegedly infringing material.
NSO enforces a policy that provides for the termination/denial of access for repeat infringers to site areas that permit content to be added by independent third-party contributors.
The independent third-party provider of content alleged to be infringing in a conforming Notice given in accordance with the foregoing (Contributor) is entitled to provide Counter Notification. To be effective, a Counter Notification must be a written communication sent to our Designated Agent (above) that includes substantially the following (Counter Notice):
1. The signature of the Contributor.
2. Identification of the material that has been removed or to which access was disabled and the location at which the material appeared before it was removed or access disabled.
3. A statement made under penalty of perjury that the Contributor has a good faith belief that the material removed or disabled was misidentified or removed or disabled as the result of a mistake.
4. The Contributor's name, address, and telephone number, and a statement that the Contributor consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Contributor's address is outside of the United States, for any judicial district in which NSO has a physical presence, and that the Contributor will accept service of process from the person who provided the Notice or an agent of such person.
Upon receipt of a conforming Counter Notice, we will:
1. Promptly provide the party providing Notice (Complainant) with a copy of the Counter Notice.
2. Inform Complainant that we will replace the removed material or cease disabling access to it within ten (10) business days.
3. Replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the Counter Notice, provided our above Notice contact has not received written notice from Complainant that an action has been filed seeking a court order to restrain the Contributor from engaging in infringing activity relating to the material on our site.
POLICY CONCERNING PRIVACY
NSO may from time to time request that you provide certain information about yourself or your business. NSO may also solicit this information in connection with inviting your comments on matters of interest to NSO, including how NSO might better serve your needs and the needs of its customers generally. We may also require certain limited information from you as a condition of gaining access to certain areas on our site. You are always free to decline to provide such information. By providing such information, you agree that NSO shall have the right to use such information for reasonable purposes relating to its business, including disclosing such information to its affiliates. Except for its use in connection with NSO's own legitimate business purposes and that of its affiliates (such as, for example, for the purposes of following up with you to respond to your inquiry), NSO agrees that it will not publish or make available any such information to any third party whatsoever (except such affiliates), without first advising you in advance and giving you an opportunity to object to such disclosure or use. You further agree that NSO shall have the right from time to time to electronically collect, through the use of "cookies" and similar means, for its own business purposes and that of its affiliates, statistical data not identified to any person, such as IP addresses indicating the geographic area of origin or data showing the number of times this site or a particular area on this site was accessed. If you have questions concerning this policy or its implementation, we encourage you to contact us for more information.
NSO does not want to receive confidential or proprietary information from you through this site, whether by Internet, email or otherwise. Any material, information or other communications you transmit through or post to this site will conclusively be deemed non-confidential and non-proprietary and you agree that NSO will have no obligation with respect thereto. By sending NSO any such material, information or other communications, you grant NSO an unrestricted, irrevocable license to publicly use, reproduce, display, perform, modify, transmit and distribute that material or information or those communications without consideration or compensation of any nature. Further, you agree that NSO is free to use for any purpose any ideas, concepts, know-how or techniques that you send us. Finally, you agree that any material, information or other communications that you send NSO will be truthful and legal and will not violate the rights of others.
Linked sites are not under the control of NSO and it is not responsible for the contents of any linked site or any link contained in a linked site. When you access a non-NSO Website, even one that may contain NSO indicia, such as the NSO logomark, please understand that such Website was independently established and is independently operated and that NSO has no control over its contents. In addition, a link to or from a non-NSO Website does not mean that NSO endorses or accepts any responsibility for the contents or the use of such Website or of the companies, products, or services featured or mentioned on such Website. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
U.S. GOVERNMENT RIGHTS
The information, data, software programs and other items made available on this site are provided to the federal government of the United States and its various agencies and departments and those acting on its or their behalf (the Government) with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 252.227-7013 et seq., including subparagraph (c)(1)(ii) thereof (Rights in Technical Data and Computer Software) or 48 CFR 52.227-19 (Commercial Computer Software – Restricted Rights), including subparagraph (c)(1)(2) thereof, or its or their respective successor references incorporating such restrictions. Use of any Contents by the Government constitutes acknowledgment of NSO's proprietary rights in them.
NO WARRANTIES; LIMITATION OF DAMAGES AND OF LIABILITY; OTHER MATTERS
You acknowledge and agree that use and browsing of this site is at your own risk. Information, descriptions, data, downloads and other items contained on this site may contain inaccuracies, typographical and substantive errors and other defects. THE CONTENTS OF THIS SITE ARE GENERATED AND PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS OF ANY KIND. IN NO EVENT SHALL NSO, ITS PRINCIPALS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF REVENUES OR PROFITS, OR FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, COLLATERAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, CONNECTED IN ANY WAY WITH THIS AGREEMENT, THIS SITE, ITS ACCESS, AVAILABILITY, LINKS, TERMS, CONTENTS, PRODUCTS OR SERVICES, HOWSOEVER ARISING, AND WHETHER OR NOT ANY SUCH DAMAGES WERE FORESEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WERE ADVISED TO NSO IN ADVANCE. Further, NSO assumes no responsibility and you agree that NSO shall not be liable for any damages to your computer or related equipment or other property on account of any viruses, worms, Trojan horses or other malware, malicious code, destructive or corrupted data, files, text, images, video, audio or downloads from this site or from any linked site or caused by the download, access to or use of same.