Effective Date: November 15, 2008

1. Acceptance and Agreement

By accessing, visiting and/or using this web site and the content, features, applications, and services offered in connection with Wilson Outdoor Productions, LLC (collectively, including all content and functionality available through the equipment-tube.com domain name, the “Site”) you agree to be bound by these Terms of Use (the “Agreement”). As a user of the Site, you represent and warrant that you have the right, capacity and authority to enter into this Agreement and will abide by its terms and conditions. If you do not agree with the terms and conditions of this Agreement, then you should not access or use the Site.

This Agreement applies to all users of the Site, including individuals who register with the Site (“Registered Users”). The term “user” refers to Registered Users and any other individual or entity who accesses or uses the Site. Wilson Outdoor Productions, LLC (“Wilson Outdoors”) may modify this Agreement from time to time without notice, and such modification shall be effective upon posting to the Site. You agree to be bound by any modifications to this Agreement when you access or use the Site after any such modification is posted on the Site. It is therefore important that you review this Agreement regularly.

2. Registered Users

In order to register with the Site as a Registered User, you must be at least fourteen years old. Users younger than fourteen are not allowed to view the site except under the supervision of a parent or guardian. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with the Site is true and complete. Wilson Outdoors reserves the right to charge for your registration and for your access to certain content or services on the Site, as may be specified from time-to-time on the Site. Your registration will take effect upon acceptance of your registration form by Wilson Outdoors, which Wilson Outdoors may accept or reject in its sole discretion. Individuals or entities seeking commercial gain from use of the Site may not register with the Site unless they are pre-approved by Wilson Outdoors. Other terms and conditions may apply to your registration as posted from time-to-time on the Site. Wilson Outdoors reserves the right to reject or to terminate your registration and use of our Site at any time, for any reason without notice to you. If Wilson Outdoors terminates your registration, or restricts in part or in full your use of or access to the Site, you will not be entitled to any refund of your unused registration or premium services fees, if any.

3. Rights To Content

Users retain any rights they have in photos, videos, audio files, text, comments and other materials they submit to the Site or transmit to other users through the Site (“User Submissions”). Wilson Outdoors retains full ownership or license rights to all other software, content and materials contained within the Site, including without limitation, graphics, text, scripts, photos, sounds, videos, and music (“Content”) and to all patents, copyrights, trademarks, service marks and other proprietary rights in and to the Site and the Content. Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Site and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Site.

4. User Submissions

By submitting your User Submissions to the Site, you hereby grant to Wilson Outdoors a perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions, and all patents, copyrights, trademarks and other proprietary rights therein, including without limitation for promoting, transmitting and distributing the Site, or any part or derivative thereof, in and through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions for their personal, non-commercial use as permitted through the services and functionality of the Site. You are solely responsible for your own User Submissions and the consequences of your User Submissions being posted on and distributed through the Site. With respect to the User Submissions that are removed or deleted, the above licenses granted by you as to other Users will terminate within a commercially reasonable time, but you understand and agree that Wilson Outdoors may retain server or other copies of the User Submissions, and that your license grant to Wilson Outdoors is perpetual and irrevocable.

You represent and warrant that: (a) you have all rights in and to your User Submissions (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your User Submissions to the Site and grant the rights to your User Submissions provided in this Agreement, and (ii) your User Submissions to be posted and transmitted to and through the Site for the purposes contemplated by the Site and this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Submissions in the manner contemplated by the Site and this Agreement; and (c) the posting and transmission of your User Submissions on and through the Site for the purposes contemplated by the Site and this Agreement does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity. You further agree that you will not submit any User Submissions or any other material, unless you are the owner of such rights as set forth above, or you have lawful permission from the rightful owner of such rights to post the User Submission or any other material, and grant to Wilson Outdoors and other User the rights granted herein.

5. Copyright Policy

Wilson Outdoors prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Wilson Outdoors with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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; and
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.

6. Prohibited Content

You agree not to submit or post any User Submission to the Site, or transmit any User Submission through the Site, that (a) violates any patents, copyrights, trademarks or other intellectual property rights, (b) is illegal, obscene, pornographic, defamatory, or libelous, (c) is abusive, hateful, harassing, or threatening, (d) promotes bigotry, racism, or hatred against any group or individual, (e) is false, misleading or constitutes a misrepresentation, (f) encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate, or (g) promotes the exploitation of, or solicits information from, any person under the age of eighteen. Wilson Outdoors does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. You understand and agree that Wilson Outdoors reserves the right to review, edit, block, and delete any of your User Submissions for any reason at any time without notice, including without limitation, if Wilson Outdoors determines in its sole discretion that a User Submission is prohibited as provided above or otherwise violates this Agreement.

7. Use of Web Site; Non-Commercial Use

The Wilson Outdoors Site is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval.,/p>

You agree not to: (a) initiate or operate any sweepstakes, contests, advertising, barter or marketing schemes on or through the Site; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters or junk email to other users; (d) use any information obtained from or through the Site (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any party; (e) use the Site for, or conduct on or through the Site, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Site.

You agree not to use, launch or receive information from any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like, or any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site except by the express written consent of Wilson Outdoors.

While Wilson Outdoors assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity in connection with the Site that Wilson Outdoors believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Wilson Outdoors, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Wilson Outdoors reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.

8. Disputes Between Users

The resolution of disputes that may arise between users is the sole responsibility of the users and Wilson Outdoors has no liability or obligation with respect to any such disputes.

9. Disclaimers

To the fullest extent permitted by law, the site, content and user submissions are provided “as-is” and Wilson Outdoors expressly disclaims any and all warranties, express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose, with respect to the Site, content and User Submissions and your use thereof. Wilson Outdoors does not guarantee any specific results from the use of the Site. The Site may not be available temporarily from time to time for maintenance purposes or other reasons.

Wilson Outdoors disclaims any and all responsibility and liability for (a) any inaccuracies, errors or omissions in any content or User Submissions posted on or accessed through the Site or in any content of any other web site linked to this site, (b) any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of the site, any content, or any User Submissions, (c) the conduct, whether online or offline, of any User, (d) any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of video plays on account of technical problems or traffic congestion on the internet or any web site or combination thereof, (e) any personal injury or property damage resulting from your access and use of the Site, content, or User Submissions or your interaction with other users, (f) any unauthorized access to or use of our servers and the information contained thereon, including without limitation, user information, and (g) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like that are transmitted through the Site.

WILSON OUTDOORS ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE AND DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, STATEMENTS OR ADVICE EXPRESSED THEREIN. WILSON OUTDOORS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE, CONTENT, AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS IS UNDERTAKEN AT YOUR OWN RISK.

The site is operated and provided by Wilson Outdoors from its facilities in the United States of America. Wilson Outdoors does not represent or warrant that the site complies with the laws of the jurisdiction from which you may be accessing the site through the Internet. You are solely responsible for compliance with your local law. You agree that (a) the site shall be deemed solely based in the State of Virginia, and (b) the site is a passive web site that does not give rise to personal jurisdiction over Wilson Outdoors in any jurisdiction other than the State of Virginia.

10. Limitation of Liability

In no event shall Wilson Outdoors or its respective affiliates, directors, officers, employees, agents, and assigns (the “Wilson Group”) be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, whether based on an action or claim in contract, warranty, equity, tort or otherwise, arising from (i) your access or use of the Site, content or User Submissions; (ii) any unauthorized access to or use of our servers, and/or any of the personal or financial information stored therein, if any; (iii) your interaction with other Users; (iv) any errors, mistakes or inaccuracies of content; (v) any interruption or cessation of transmission to or from the Site; or (vi) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like which may be transmitted to or through the Site by any third party, even if Wilson Outdoors has been advised of the possibility of such damages. No cause of action arising out of or relating to this Agreement, the Site, content or User Submissions may be brought by you against us more than two (2) years after the cause of action accrued. This limitation of liability shall apply to the fullest extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which says, “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”.

11. Indemnity

You agree to indemnify and hold harmless Wilson Outdoors and its respective affiliates, directors, officers, employees, agents, licensees and assigns from and against any and all royalties, fees, damages, penalties, claims, costs and losses (including, but not limited to attorney’s fees) arising in connection with (i) your use or access to the Site; (ii) your violation of any third party right, including without limitation any copyright, trademark, confidentiality, property or privacy right; (iii) any of your User Submissions; or (iv) your breach of any of the terms of this Agreement.

12. Disputes

You hereby (i) irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of any federal or state court located within Powhatan County Virginia (the “Applicable Courts”), (ii) waive any objection to the laying of venue of any such litigation in any of the Applicable Courts, (iii) agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum and agree not otherwise to attempt to deny or defeat such personal jurisdiction or venue by motion or other request for leave from any such court, and (iv) agree that you will not bring any action, suit, or proceeding in connection with any dispute, claim, or controversy arising out of or relating to this Agreement in any court or other tribunal other than any of the Applicable Courts. Nothing in this Section shall prevent enforcement in another forum of any judgment obtained in the Applicable Courts.

13. General

This Agreement will be governed by the substantive laws of the United States of America and the State of Virginia (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction). This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, superseding any previous or contemporaneous representations, understandings or agreements with respect thereto. You cannot transfer or assign this Agreement or any of the rights or licenses granted hereunder, but you agree that Wilson Outdoors may transfer or assign this Agreement or any of the right or licenses granted to Wilson Outdoors hereunder. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between Wilson Outdoors or you. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of Wilson Outdoors to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.