Archery Focus Magazine is owned and produced by Watching Arrows Fly Media Group. Watching Arrows Fly Media Group and/or its affiliates provides all products and services subject to the following conditions.
ELECTRONIC COMMUNICATIONS
When you use any Watching Arrows Fly Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Watching Arrows Fly Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Watching Arrows Fly Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Watching Arrows Fly or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Watching Arrows Fly Service is the exclusive property of Watching Arrows Fly and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Watching Arrows Fly Service are trademarks or trade dress of Watching Arrows Fly in the U.S. and other countries. Watching Arrows Fly’s trademarks and trade dress may not be used in connection with any product or service that is not Watching Arrows Fly’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Watching Arrows Fly. All other trademarks not owned by Watching Arrows Fly that appear in any Watching Arrows Fly Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Watching Arrows Fly.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Watching Arrows Fly or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Watching Arrows Fly Services. This license does not include any resale or commercial use of any Watching Arrows Fly Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Watching Arrows Fly Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Watching Arrows Fly or its licensors, suppliers, publishers, rights holders, or other content providers. No Watching Arrows Fly Service, nor any part of any Watching Arrows Fly Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Watching Arrows Fly. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Watching Arrows Fly without express written consent. You may not use any meta tags or any other “hidden text” utilizing Watching Arrows Fly’s name or trademarks without the express written consent of Watching Arrows Fly. You may not misuse the Watching Arrows Fly Services. You may use the Watching Arrows Fly Services only as permitted by law. The licenses granted by Watching Arrows Fly terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any Watching Arrows Fly Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Watching Arrows Fly does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Watching Arrows Fly Services only with involvement of a parent or guardian. Alcohol listings on Watching Arrows Fly are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Watching Arrows Fly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Watching Arrows Fly reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Watching Arrows Fly a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Watching Arrows Fly and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Watching Arrows Fly for all claims resulting from content you supply. Watching Arrows Fly has the right but not the obligation to monitor and edit or remove any activity or content. Watching Arrows Fly takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Watching Arrows Fly are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Watching Arrows Fly does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Watching Arrows Fly does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Watching Arrows Fly attempts to be as accurate as possible. However, Watching Arrows Fly does not warrant that product descriptions or other content of any Watching Arrows Fly Service is accurate, complete, reliable, current, or error-free. If a product offered by Watching Arrows Fly itself is not as described, your sole remedy is to return it in unused condition.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Watching Arrows Fly and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Watching Arrows Fly.
With respect to items sold by Watching Arrows Fly, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Watching Arrows Fly is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by Watching Arrows Fly, such as the Watching Arrows Fly App, Watching Arrows Fly Shopping App, or Watching Arrows Fly Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
OTHER BUSINESSES
Parties other than Watching Arrows may provide services, or sell product lines through the Watching Arrows Fly Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Watching Arrows Fly does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WATCHING ARROWS FLY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATCHING ARROWS FLY SERVICES ARE PROVIDED BY WATCHING ARROWS FLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WATCHING ARROWS FLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WATCHING ARROWS FLY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATCHING ARROWS FLY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WATCHING ARROWS FLY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WATCHING ARROWS FLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WATCHING ARROWS FLY DOES NOT WARRANT THAT THE WATCHING ARROWS FLY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATCHING ARROWS FLY SERVICES, WATCHING ARROWS FLY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM WATCHING ARROWS FLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WATCHING ARROWS FLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WATCHING ARROWS FLY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WATCHING ARROWS FLY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Watching Arrows Fly Service, or to any products or services sold or distributed by Watching Arrows Fly or through Watching Arrows Fly.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Watching Arrows Fly will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Watching Arrows Fly Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Watching Arrows Fly.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS & Contact Information
Watching Arrows Fly, 3712 N Broadway #285, Chicago IL 60613.
(312) 505-9770
customerservice@watchingarrowsfly.com
location information); and IP address and complete time stamp for AWS information.
Please note that this procedure is exclusively for notifying Watching Arrows Fly that your copyrighted material has been infringed.
Additional Watching Arrows Fly Software Terms
1. Use of the Watching Arrows Fly Software. You may use Watching Arrows Fly Software solely for purposes of enabling you to use and enjoy the Watching Arrows Fly Services as provided by Watching Arrows Fly, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Watching Arrows Fly Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Watching Arrows Fly Software or otherwise assign any rights to the Watching Arrows Fly Software in whole or in part. You may not use the Watching Arrows Fly Software for any illegal purpose. We may cease providing any Watching Arrows Fly Software and we may terminate your right to use any Watching Arrows Fly Software at any time. Your rights to use the Watching Arrows Fly Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Watching Arrows Fly Software that are specifically identified in related documentation may apply to that Watching Arrows Fly Software (or software incorporated with the Watching Arrows Fly Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Watching Arrows Fly Service is the property of Watching Arrows Fly or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the Watching Arrows Fly Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Watching Arrows Fly Software, whether in whole or in part, or create any derivative works from or of the Watching Arrows Fly Software.
4. Updates. In order to keep the Watching Arrows Fly Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Watching Arrows Fly Software. If you are a U.S. Government end user, we are licensing the Watching Arrows Fly Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. ยง 2.101), and the rights we grant you to the Watching Arrows Fly Software are the same as the rights we grant to all others under these Conditions of Use.