INTRODUCTION:

1. This web site ("Web Site") is operated by NEW YORK OUTDOORS INC. ("NYOI" or "we" or "us"), an affiliate of NEW YORK OUTDOORS INC.. Click here for a list of the web sites currently covered by these Terms of Use. Please also review the terms of our Privacy Policy.

Your use of this Web Site is subject to the following Terms of Use. You agree to these Terms of Use by accessing this Web Site and/or by accepting any information from this Web Site. NYOI reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Web Site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.

2. The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

3. TM & COPYRIGHT 2004 BY NEW YORK OUTDOORS INC.. ALL RIGHTS RESERVED. TYKIE FX and related marks are trademarks of NEW YORK OUTDOORS INC.. This Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by NYOI, NEW YORK OUTDOORS INC. or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of NYOI or such third party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS PROHIBITED. As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate NYOI's rights or the rights of others. NYOI may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

COPYRIGHTS AND COPYRIGHT AGENT

4. NYOI respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, NYOI has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. NYOI's Copyright Agent is the President, NEW YORK OUTDOORS INC. The President and Legal may be reached by telephone at (315) 492-4854 or by email at Legal Department. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide NYOI 's Copyright Agent the following information:

     i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

     ii. a description of the copyrighted work that you claim has been infringed;

     iii. a description of where the material that you claim is infringing is located on the Web Site;

     iv. your address, telephone number and email address;

     v. a statement by you that you have a good faith belief that the disputed use  is not authorized by the copyright owner, its agent or the law;

     vi. a statement by you, made under penalty of perjury, that the above  information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

5. THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING OR USAGE OF TRADE. NYOI, AS WELL AS NEW YORK OUTDOORS INC. AND ANY OF THEIR PARENT, SUBSIDIARIES AND AFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE (COLLECTIVELY, THE "AFFILIATES") ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. NYOI AND THE AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NYOI OR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN NYOI, THE AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NYOI'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

NYOI AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES NOT ASSOCIATED WITH NYOI. NYOI AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.

BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

In addition, Internet transmissions are never completely secure or private. You understand that any message or material you send to this Web Site may be read or intercepted by others. NYOI and the Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or NYOI any personal or confidential information. NYOI and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, currentness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. You acknowledge that NYOI does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.

NYOI cannot ensure that you will be satisfied with any products, merchandise or services that may be advertised on the Web Site or that you may purchase from the Web Site or a third-party web site that may be on, or links to or from the Web Site. NYOI does not endorse any third party products, merchandise and/or services, nor has NYOI taken any steps to confirm the accuracy or reliability of, any of the information contained in any third party advertisements or third-party web sites. NYOI does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give NYOI or any third party, and you hereby irrevocably waive any claim against NYOI and the Affiliates, as applicable, with respect to the Web Site and any third party web sites. NYOI strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NYOI AND THE AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY NYOI IN CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN NYOI'S OR THE AFFILIATES DEFENSE OF ANY CLAIM. NYOI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF NYOI.

RULES FOR BULLETIN BOARDS, CHATROOMS AND OTHER FORUMS

7. You shall not post, send, upload, transmit, distribute or otherwise publish, through Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"), or otherwise, any content that:

     i. libels, defames, invades privacy or is indecent, obscene, pornographic,  abusive, or threatening;

     ii. infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right  of publicity;

     iii. violates any law;

     iv. violates or infringes upon the rights of NYOI, its users or the public,  including material which is an invasion of privacy or publicity rights;

     v. advocates illegal activity or activity that would give rise to civil liability;

     vi. solicits gambling or engages in any gambling activity

     vii. interferes with anyone else's use of this Web Site;

     viii. contains a virus or other harmful component; or

     ix. advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

NYOI is not responsible for any material posted on any Forum. NYOI is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.

NYOI does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages. NYOI reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of messages that it, in its sole discretion contains Non-Approved Material or is otherwise unacceptable. In addition, NYOI may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of NYOI or to protect the safety or our users or the public. Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

Any material you upload to any Forum or submit to us shall be governed by our Submissions Policy set forth below.

SUBMISSIONS POLICY

8. Although we welcome your comments, NYOI does not accept unsolicited submissions for its samples, web sites and other products. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NYOI's or the Affiliates' staff might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions to NYOI or the Affiliates through this Web Site or otherwise, including, but not limited to, story ideas, character ideas, plot suggestions, set or costume designs, or scripts. We will not review any such submissions, and we cannot guarantee that we will respond to your comments or messages. If at our request you send a submission (for example, requested sample ideas or personal opinions), or if despite our request that you not send unsolicited submissions you send such submission, or if you transmit to the Web Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like, such submission will not be treated as confidential. Subject only to our Privacy Policy, none of the information you submit to the Web Site shall be subject to any obligation of confidence on the part of NYOI and we will not be liable for any use or disclosure. Thus, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein. NYOI shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed. By submitting materials to the Web Site or to NYOI or the Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that NYOI and the Affiliates are not obligated to use your submission and you have no rights to compel such use.

LINKING POLICY & LINKED WEB SITES

9. The content of this Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any NYOI, TYKIE FX, FORGOTTEN WISDOM,or related names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with NYOI, NEW YORK OUTDOORS INC. or their affiliated companies. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or content in any way. NYOI reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. NYOI is not responsible for the content or performance of any portion of the Internet including other Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform NYOI of any errors or inappropriate material found on Web sites to which this Web Site is or may be linked.

10. NYOI is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content. Such web sites are for your convenience only and you access them at your own risk. A link from this Web Site to any other web site does not mean that NYOI or the Affiliates approve of, endorse or recommend the web site.

PROMOTIONS

11. This Web Site may contain contests or other promotions that require you to send material or information about yourself. Please note that contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such contests or promotions, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Web Site.

THIRD PARTIES

12. Your dealings or communications through the Web Site with any party other than NYOI are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site and/or NYOI or the Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to such third parties.

MEMBERSHIP & REGISTRATION

13. Certain areas and/or services offered via the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site. When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information.

If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.

MAKING A PURCHASE ON OR VIA THE SITE

14. In the event any products, merchandise and/or services are sold on the Web Site and any such products, merchandise and/or services are listed on the Web Site at an incorrect price or with other incorrect information, NYOI shall have the right to refuse or cancel any orders placed for such products, merchandise and/or services and NYOI is hereby released from any and all liability related to the same. NYOI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If a product offered by NYOI or a third party is not as described, your sole remedy is to return it to NYOI or such party for a refund, at NYOI or such third party's sole discretion.

LOCATION

15. NYOI operates this Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State, and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable any action you bring relating in any way these Terms of Use or any matters related to this Web Site shall be brought in either the State or Federal Courts located in Onondaga county, New York and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred.

No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

VIOLATIONS OF THESE TERMS

16. NYOI will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. NYOI reserves the right to modify or discontinue this Web Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by NYOI, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that NYOI will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.

CONTACT US

For questions or comments regarding these Terms and/or the Web Site please send an email to: Terms Of Use.

This NYOI Terms Of Use were last updated on
January 1, 2006

© 2004- 2006 NEW YORK OUTDOORS INC. All rights reserved