Terms of Use

Terms of Use

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Advanced Tactics and Countermeasures® web site located at www.atactv.com, and all associated sites linked to http://www.atactv.com by ATAC Media, LLC, its subsidiaries and affiliates (the “Site”). The Site is the property of ATAC Media, LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

COPYRIGHT NOTICE

This Site is the only official Site of ATACTV.com and is © 2008 Copyright. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the ATAC TV™ is not permitted.

ATAC Media, LLC. licenses the distribution of its brand name through ATAC TV™. “ATAC TV™,” is pending and/or it’s registered trademarks, trademarks, trade dress or service marks owned exclusively by ATAC TV™ or licensed companies in the United States and other jurisdictions. All other marks referenced herein may be the property of ATAC TV™ or other respective owners.

DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE.

ATAC Media, LLC. (company) and it’s affiliates provide an online video service that offers a variety of educational, training programs, products and other content (collectively, the “Content”). The company’s video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, applications, materials, tools, or other related services offered from time to time by ATAC TV in connection with its business, however accessed, are referred to collectively as the “ATAC TV Services”.

As a condition of the service, purchase of one or more publications distributed by ATAC Media, LLC and/or other authorized distributor (“Publication”) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned (“Viewer” or “Viewer / Buyer”) or hereby agrees as follows:

Certain ATAC TV services are provided to you as a free service.. There are some other ATAC TV services, which, if you are interested in accessing, will require payment by you. The ATAC TV services that may be accessed after payment are referred to currently as “ATAC TV Subscription.”

1. Viewer / Buyer: (a) has the authority to enter into this Agreement, (b) is voluntarily entering into this Agreement, (c) is at least eighteen (18) years old and (d) shall comply with the terms and conditions of this Agreement;

2. Viewer / Buyer shall comply with all applicable laws including, without limitation, privacy, license, firearm, and security laws;

3. Viewer / Buyer shall not, and shall not permit any person to, copy, make derivative works, disassemble, decompile, or reverse engineer the Publication;

4. All right, title and interest in and to the Publication, including, without limitation, the copyright in and to the Publication, exclusively vests in and shall always vest with ATAC Media, LLC;

5. THE PUBLICATION IS PROVIDED “AS IS.”  ATAC MEDIA, LLC, AND EACH PUBLISHER, DISTRIBUTOR, AFFILIATE, OWNERS, MANAGER, OFFICER, REPRESENTATIVE, AGENT, SUBCONTRACTOR, AND ANY OTHER PERSON OR ENTITY RELATED TO OR AFFILIATED THEREWITH (“ATAC TV PARTIES”) PROVIDES NO GUARANTEE OR WARRANTY AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PUBLICATION OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES HERETO PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES (some jurisdictions do not allow the exclusion of implied warranties, so the exclusion of implied warranties may not apply to the Viewer / Buyer) OR CONDITIONS OF TITLE, NON INFRINGEMENT, COMPLETENESS, ACCURACY, ERROR-FREE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.

6. EACH ATAC TV PARTY SHALL NOT BE LIABLE TO VIEWER / BUYER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO VIEWER / BUYER’S RIGHT, TITLE AND INTEREST) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF CONTENT ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

7. Notwithstanding any other provision of this Agreement, Viewer / Buyer shall indemnify and hold each ATAC TV Party harmless from and against any damages, liabilities, costs, charges, expenses, expenditures, fees (including, without limitation, attorneys’, accountants’, experts’, investigators’, witnesses’ and professionals’ fees) and other losses of whatsoever nature (“Losses”) incurred by any ATAC TV Party with respect to, arising from or out of any claim that relates to or arises out of any act or omission of Viewer / Buyer, including, without limitation, the misuse of the Publication.

8. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.  Viewer / Buyer consents to personal jurisdiction, as well as venue for any claim regarding or arising out of this Agreement in the appropriate state or federal court located in Clark County, Nevada.

9. This Agreement constitutes the entire agreement between ATAC Media, LLC and the Viewer / Buyer with respect to the Publication.  No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between ATAC Media, LLC and the Viewer / Buyer with respect to the Publication shall be of any force or effect.

10. These Terms and Conditions of Use (the “Terms of Use”) apply to Tom Clarke® registered brand name, which is licensed to ATAC TV™ and all associated sites linked to www.tommyclarke.com by, its subsidiaries and affiliates (the “Sites”).

Tom Clarke® licenses the distribution of its brand name through ATAC TV™, ATAC Training and ATAC Operations LLC. company. “Tom Clarke “Tom Clarke ATAC TV,” “ ATAC TV Tom Clarke” “TC,” “TC Tactical Knives,” pending and registered trademarks, trademarks, trade dress or service marks owned exclusively by Tom Clarke® or licensed companies in the United States and other jurisdictions. All other marks referenced herein may be the property of Tom Clarke® or other respective owners.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ATAC TV™ reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tommy Clarke, Thomas Clarke, TC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ATAC TV™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ATAC TV™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of ATAC TV™, it’s affiliates or others.

Availability of Services

The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.

Copyrights and Trademarks.

This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by ATAC TV™ on this website are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”). All other trademarks are the property of their respective owners. Use of the Trademarks of ATAC TV™ or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.

Infringement Notice.

If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:

1.     Your name, address, telephone number, and email address;
2.     A description of the copyrighted work that you claim has been infringed;
3.     The exact URL or a description of where the alleged infringing material is located;
4.     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;
5.     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.