- Abusive Language and Disruptive Behavior: We do not tolerate abusive language or disruptive behavior on our forums. This goes for abusive and disruptive comments and behavior that are directed at Oath Keepers employees or community members, alike. Please remember to be respectful and constructive at all times on our forums, and help us maintain a friendly and welcoming atmosphere for all.
- Accusations of Misconduct: We do not allow public accusations that others have broken the community rules, or are otherwise acting inappropriately. Constructive disagreement is fine, but accusing someone of trolling tends to escalate the problem, and accusations of lying are usually inflammatory. If you feel someone is breaking the rules, please report their post and do not respond to them.
- Advertising: We do not allow advertising in our forums. This includes, but is not limited to advertisements and promotions for the following:
- Outside businesses and services
- Any venture that results in monetary profit
- Bashing and Slanderous Comments: We do not permit the bashing of individuals (including Oath Keepers employees), groups, or other companies on our forums. We believe that doing so is neither constructive nor in spirit of our community.
- Conspiracy Theories and Misinformation: We do not tolerate the deliberate and malicious spreading of false info or conspiracy theories about Oath Keepers or its employees. This does not include honest mistakes; rather, this rule pertains to those who go out of their way to spread harmful or malicious rumors about Oath Keepers and its employees.
- Copyright Infringement: Names and Material: We do not allow copyright-protected names on our forums. Copyright-protected names are typically from well-known original characters in books, games, and movies. We also do not permit discussion about the illegal distribution or use of copyrighted material, such as private game servers or pirated movies, music, and games.
- Demands and Threats: We encourage you to share feedback, suggestion, and requests with us, but we expect all of our community members to refrain from resorting to demands or threats. We believe that demands and threats are not constructive. Threats of real-life violence, in particular, are something we take very seriously and do not tolerate.
- Deliberately Contravening an Oath Keepers Employee: Deliberately contravening a request or action by a member of the Oath Keepers staff is not permitted at any time. As an example, if we close a thread you created and leave an explanation stating why it was closed, you may not re-create the thread.
- Discussing Disciplinary Actions: If you ever have questions or concerns about a disciplinary action or decision we have made in our forums, or wish to appeal a forum warning or infraction you’ve received, we ask that you please contact oathkeepers.org/contact-us to do so (please specify that you are contacting about a forum-related inquiry or appeal). We are happy to discuss and review specific moderation-related actions with you, but we do not allow discussion of any moderation actions or decisions on our forums.
- Flaming: It’s okay to disagree and debate within our forums, but we do ask that you keep all disagreements civil, constructive, and on-topic. If a discussion gets heated and turns into a debate, remember that you should stick to debating the post and/or thread topic. It is never appropriate to resort to personal comments or jabs about those participating in the thread discussion.
- Goodbye/Quitting Threads: We understand that sometimes people will leave these forums, and want to post a “goodbye” or “quitting” thread. Generally, we have found that “goodbye” and “quitting” threads have a tendency to go downhill fast. It is our policy to read the feedback in “goodbye” and “quitting” threads and close them, regardless of whether they are constructive or not.
- Hate Speech: We take the use of hate speech very seriously in the Oath Keepers forums, and have a zero tolerance policy. Our definition of hate speech is prejudice or hateful comments, slurs, or statements that promote violence or intolerance toward others because of the following:
- National Origin
- Sexual Orientation
- Any other personally identifying factors
- Hijacking and Off Topic Posting: We do not allow threads to be hijacked for other purposes. It is natural for a discussion to evolve, and tangential comments are usually fine. Hijacking typically involves taking a thread in a direction counter to its intent, or posting irrelevant content.
- Impersonation: We do not tolerate impersonation of any kind in the official Oath Keepers community, and take impersonation attempts very seriously when they do occur. Impersonation includes using a display name, photos, posts, or any other material with the intent to fool people into believing you are an Oath Keepers employee, another community member, a celebrity, or anyone else you are not.
- Inappropriate Content and Language: Certain topics and subjects are deemed inappropriate and not permitted in the forums. Things that we consider inappropriate are usually illegal, extremely volatile or violent, obscene, vulgar, or simply inappropriate for a forum such as ours. Inappropriate content on the official forums includes, but is not limited to the following:
- Extreme violence
- Illegal substances and activities
- Pirated copyright-protected material
- Pornography and other sexually explicit topics
- Real-world religion and politics
- Tasteless, vulgar, or obscene material
- Malicious Links: We do not tolerate the posting of malicious links on our forums, for any reason. This includes links to pornographic material, key-loggers, and browser hijackers, and phishing scams. We greatly appreciate when our community members wish to report a harmful or misleading Oath Keepers-related site to us, but please do not do so on the official the forums. If you discover a site you want to report to us, please report them at oathkeepers.org/contact-us.
- Names in Thread Titles: Please refrain from placing the names of Oath Keepers employees or community members in your thread titles. Directing a thread at a specific individual, or otherwise using a thread to call someone out, is not considered constructive. If you need to get a hold of a specific community member, please send them a private message.
- Naming-and-Shaming: We do not allow posts or threads that are created for the purpose of “naming-and-shaming” other community member(s). “Naming-and-shaming” is the act of creating a post to call out an individual or group by name, and making them the subject of public accusation, ridicule and/or shaming. Generally, naming-and-shaming involves a Terms of Service violation, which the Oath Keepers Team is unable to assist with. It typically elevates to a point where the subject feels legitimately harassed. We believe that naming-and-shaming posts and threads can be abused and are very harmful to the community. We also don’t feel that publicly calling out or accusing others by name on our forums is in the spirit of our community. If you genuinely believe someone has violated our Terms of Service, you should report them through oathkeepers.org/contact-us – do not bring the situation onto the forums.
- Petitions and Protests: We do not allow petitions or protests on our forums. Due to the fact that both promote the use of demands and replies that consist of “/signed” or little else, we feel that neither encourage nor allow for meaningful and constructive discussion. Instead of using a petition or protest, we recommend presenting your thoughts as a request or suggestion so everyone in the community can discuss it.
- Rude and Insulting Comments: We understand that sometimes tempers rise, but it is never acceptable to resort to rude comments and insults. This goes for rude comments and insults directed at other community members, and Oath Keepers employees alike.
- Spamming: Please do not post spam on the official forums. Below are a few examples of what we define as spamming:
- Posting the same message more than once
- Posting messages that are nonsensical or have no real content
- Posting messages or images large enough to disrupt the normal flow of conversation
- Reposting material that has been removed by a member of the Oath Keepers Team
- Also, please refrain from posting the same topic in multiple areas of the forum, or cross-posting in an attempt to gain further views or replies. This is considered spamming, and the duplicate threads will be removed
- Thread Bumping: Please refrain from replying to discussion threads for the sole purpose of “bumping” them. This is considered to be a form of spam because it does not add to the discussion in a constructive or meaningful way. We understand that everyone would like to keep their discussion active and visible, but we encourage you to strive for meaningful and constructive posts instead of posts that consist of nothing more than “Bump!”
- Trolling or Baiting: The act of trolling is defined as something that is created for the intent to provoke conflict, shock others, or to elicit a strong negative or emotional reaction. It is okay and very normal to disagree with others, and even to debate, but provoking conflict, baiting, inciting, mocking, etc. is never acceptable in the official forums. If you do not have something constructive or meaningful to add to a discussion, we strongly recommend you refrain from posting in that thread, and find another discussion to participate in instead. It is also not constructive or helpful to publicly call out others and accuse them of trolling, or call them a troll – please refrain from doing so. If you genuinely believe someone is trolling, please report the post or thread to the Oath Keepers Team, and leave it at that.
- Oath Keepers Legal Matters: We do not allow discussion of any legal matters involving Oath Keepers or any of our associated companies.
You will violate the Code of Conduct if You or Your Account participates in any of the following behaviors below. Oath Keepers, in its sole discretion, reserves the right to take such action as appropriate in the event of any violation, including immediate termination of Your Account, and/or banning You from using any Oath Keepers Services.
1. Lawful Compliance
1.1 You may not post, publish, transmit, promote, or distribute content that is illegal.
1.2 The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on Oath Keepers and its affiliates’ websites or forums. We terminate use of the Service and cooperate with law enforcement on such matters.
2.1 You may not create an account name, persona or avatar that is in any way racially or ethnically defamatory, sexually graphic, hateful, and excretory in nature. You will not reference or claim affiliation to any hate groups. Any other names, text or chat that Oath Keepers considers offensive is also in violation of the Agreement including the Code of Conduct.
2.2 You may not create any name, text or chat that negatively references a ‘Protected Category’ under Federal or Montana State law. These include any name, text or chat which references or includes Age, Race, Disability, Sexual Orientation, National Origin, Pregnancy or Gender. You may not create an account name that is defamatory, impersonates or attempts to defame the reputation of another account holder, an employee of Oath Keepers, property of Oath Keepers, or Oath Keepers and/or its affiliates.
2.3 Derogatory, defamatory or offensive content used in conjunction with names of famous or important historical, political, religious figures or website URLs are not allowed. You may at no time share or refer to personal information of Yourself or another person, account name, persona or avatar using Oath Keepers or its affiliates. You will not create an account name that is in reference to or contains copyright names, popular characters, or the names of modern era serial killers, individuals or groups who have committed crimes against humanity in the past. You will also refrain from participating in conspiracy theories, misinformation or fallacious comments.
2.4 You will not attempt to mask, use misspellings, phonetic spellings, homonyms, word combinations, or alternative spellings of inappropriate material in any communication on Oath Keepers Services. This includes but is not limited to text, chat or any other medium of communication or interaction between users.
2.5 You may not harass, threaten, embarrass, or cause distress to another customer or guest using Oath Keepers sites and Services. This includes but is not limited to verbal attacks, unwanted messaging, personal attacks, stalking or any other undesired behavior used to cause discomfort or disrupt another customer’s experience. At all times users will refrain from attacking Age, Race, Disability, Sexual Orientation, National Origin, Pregnancy, Gender or any other protected category under Federal or Montana State law.
2.6 Users will not transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated at any time.
2.7 You may not disrupt the flow of chat in chat rooms or message forums with vulgar language, abusive behavior, multiple key returns or posting large images in an attempt to disturb other users. Spamming, flooding [posting repetitive text], bumping and any other disruptive behavior will not be tolerated.
2.8 Improper use of complaint buttons or making false reports to Oath Keepers staff members is forbidden. You may not intentionally submit misinformation or abuse the help system in any Oath Keepers Service.
3. False Disclosure
3.1 You may not impersonate any other person (including celebrities) or indicate that You are an Oath Keepers or Oath Keepers affiliate employee or representative. You may not attempt to mislead other members or guests by indicating that You represent Oath Keepers in any capacity or indicating that You represent any of Oath Keepers affiliates or partners.
4.1 You may not attempt to obtain account information, password(s), personal or private information from any member or guest using Oath Keepers Services or those of Oath Keepers affiliates or partners. Employees of Oath Keepers will NEVER ask for Your password.
4.2 You may not post or communicate any user’s personal information, including Your own. Never share Your password, secret questions, reminder words or billing information. Sharing of account information is a violation of the Agreement and could also lead to Your account being compromised, hacked or stolen.
4.3 You shall not share Your account with anyone. Joint or shared ownership or use of an account by more than one individual natural person is prohibited. Access to the Oath Keepers sites and Services are intended for the education, enjoyment and recreation of individual natural persons. These sites and services are not for use as corporate, business, commercial, or income seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persona, and other businesses or entities that are not a single, individual natural person are not eligible to establish accounts to access the Oath Keepers sites or participate in offered services, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entities.
5.1 Users are forbidden from using any unapproved third party applications, programs, scripts or any other mechanic used to change the experience on an Oath Keepers Service, forum, or other services provided by Oath Keepers, including the distribution of said programs via Oath Keepers services, sites, forums, communities, etc. Third party applications are defined as any program, application or script written by an individual, company, corporation, or private party not employed by or contracted to perform services by Oath Keepers.
5.2 Users will not upload files or content that contains viruses, malicious code or corrupted data.
5.3 Users will not promote, engage in or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
6.1 Users will not post, transmit, promote or distribute any dynamic or static customer created or custom content which is not wholly owned by the account owner. Copyright material cannot be used at any time except by the copyright owner. Copyright ownership must be established prior to use on any Oath Keepers Inc site or service. Any use of copyright material not wholly owned by the account owner is a violation of the Agreement, including the Code of Conduct.
7.1 You may not post messages or distribute via spam, chat flooding or any other disruptive messaging. This includes posting messages more than once, posting messages to multiple locations, posting nonsensical content, disrupting the normal flow of conversation, or reposting content that had been previously removed by the Oath Keepers employees. Furthermore, You may not participate in solicitation or advertising, distributing marketing materials, promotional materials or any other materials for outside business services, competitor products, or any commercial venture (including pyramid schemes and chain letters) through any Oath Keepers Service.
These Terms of Service govern Your use and access to Services (defined in Section 1 below) provided by Oath Keepers Inc, on behalf of itself and its subsidiaries and affiliates (collectively, “Oath Keepers“).
If You purchase Services from Oath Keepers on the Online Store, then You will be making payments to Oath Keepers Inc (“Oath Keepers“), a company incorporated under the laws of the State of Montana, USA.
By using any Oath Keepers Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed these Terms of Service with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: “You” or “Your”) AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services are permitted. You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.
These Terms of Service contain a Dispute Resolution, Arbitration and Class Action Waiver Provision in Section 13 that affects Your rights under these Terms of Service with respect to disputes You may have with Oath Keepers. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 13.
Check this page periodically for new information and terms that govern Your purchase, use and receipt of Oath Keepers Services. Oath Keepers may modify these Terms of Service at its sole discretion at any time, by posting the revised version at oathkeepers.org/policies#terms or upon other notice to You. Unless otherwise noted, revisions shall be effective immediately and You will need to agree to the revised Terms of Service before You continue using any Services. By continuing to use the Services or our websites, You agree to any revised Terms of Service. If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services or contact Customer Services at oathkeepers.org/contact-us and cancel all of Your Account(s), memberships or subscription(s).
Unless otherwise provided by law, these Terms of Service are between You and Oath Keepers Inc and none of Oath Keepers Inc’s subsidiaries or other affiliates shall have any obligations or liability under or related to these Terms of Service.
Table of Contents
- Services; Your Account(s)
- Content; User-Generated Content; Downloadable Content
- Limited License to Use
- Availability of Services and Content; Termination of Services
- Your Right to Cancel Your Account
- Rules of Conduct
- Your Use of the Services
- Third Party Sites and Products
- Disclaimer of Warranty
- Limitation of Liability; Limited Remedies
- Termination of Your Account by Oath Keepers
- Dispute Resolution, Arbitration and Class Action Waiver
- Unsolicited Materials
- Intellectual Property Infringement
- General Terms
- Entire Agreement
1. Services; Your Account(s)
This Section 2 shall survive any termination of these Terms of Service.
A. Content Generally
“Content” includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation-style videos, content, pictures, code, files, data, characters (and items and attributes associated with characters), and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under Oath Keepers’ control. All Content made available by Oath Keepers, unless explicitly identified as third party content, is owned by Oath Keepers, its affiliates and/or their licensors.
You may not copy or download any Content from a Service unless You are expressly authorized to do so by Oath Keepers in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of Oath Keepers. For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression, to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services =and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.
B. User-Generated Content
Content includes user-generated Content that You contribute, provide, post, upload or otherwise submit to Oath Keepers via a Service (“UGC“).
UGC includes any photographs, images, video, music and sounds that You contribute, provide, post, upload or otherwise submit to Oath Keepers via a Service (collectively, “Your UGC“).
UGC includes Content contributed, provided, posted, uploaded or otherwise submitted to Oath Keepers by any other person using or via the Services.
UGC also includes Content that is not Your UGC, including but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at Oath Keepers’ specific request or despite Oath Keepers’ request that You not do so (such as Unsolicited Materials as described in Section 13) (collectively, “Oath Keepers Owned UGC“). Oath Keepers Owned UGC also includes all Content that You create or develop using Content provided or made available by Oath Keepers, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by Oath Keepers. For clarity, Content and materials that are created, developed or accessible within a Service using Content or tools provided by Oath Keepers are Oath Keepers Owned UGC.
For clarity, Oath Keepers Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplementary Terms or would violate any law, or (ii) any Content that You create or develop without the use of Content provided or made available by Oath Keepers.
Oath Keepers does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute, provide, post, upload or otherwise submit via the Services. You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload or otherwise submit.
You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trade secret law or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to Oath Keepers as described below.
As between You and Oath Keepers, You will be the owner of all of Your UGC (as defined above). To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to Oath Keepers and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sub-licensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading or otherwise submitting Oath Keepers Owned UGC or creating Oath Keepers Owned UGC, You acknowledge and agree that all such Oath Keepers Owned UGC is the sole property of Oath Keepers and You hereby assign and agree to assign to Oath Keepers all such Oath Keepers Owned UGC contributed, provided, posted, uploaded or otherwise submitted by You and such assignment will be effective on the date the Oath Keepers Owned UGC is created. To the extent that Oath Keepers cannot claim exclusive ownership rights in such Oath Keepers UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such Oath Keepers UGC has expressly granted) to Oath Keepers and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sub-licensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such Oath Keepers UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services.
If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by Oath Keepers to effect the licenses described above in this Section.
IN ALL CASES of UGC under THIS section 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), Oath Keepers reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when Oath Keepers determines that UGC violates THESE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in Oath Keepers’ sole and final discretion. To the maximum extent permitted by law, Oath Keepers does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content.
C. Downloadable Content and Other Virtual Items
Content also includes Content that is downloaded or downloadable from any website under Oath Keepers’ control (“Downloadable Content“). Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as unlockable Content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind. Downloadable Content also includes Virtual Currency, and Virtual Currency is subject to additional terms and restrictions specific to Virtual Currency as set forth below in Section 2(D), which additional terms and restrictions supersede any inconsistent terms and restrictions applicable to Downloadable Content generally. Downloadable Content may be free, redeemable, and/or purchased, and Oath Keepers reserves the right to change the price of Downloadable Content at any time, without notice. Downloadable Content may only be held in Accounts belonging to legal residents of countries where access to and use of the Services and Downloadable Content are permitted. Oath Keepers hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view and display Downloadable Content that You have properly downloaded.
Once You have redeemed Downloadable Content, that Content is not returnable, exchangeable, or refundable for other Content or for cash, other goods or services unless approved by Oath Keepers or required by applicable law and subject to the Statutory Obligations (as defined in Section 1); for example, if Oath Keepers downloaded the wrong Content to You, You may be entitled to a refund. Unless otherwise specified by Oath Keepers in writing and unless otherwise prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Downloadable Content may expire upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your subscription or membership for the applicable Service if such subscription or membership is not renewed.
You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods appearing or originating in the Services or any other attributes associated with any Account or Services. Oath Keepers does not recognize any purported sale, gift or trade in the “real world” of anything that appears or originates in a Service. Accordingly, You may not sell, and You may not assist others in selling, Service(s) for real currency, or exchange those items for value outside of the Services. Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift or trade in the “real world” will result in the immediate suspension or termination of Your Account.
You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by these Terms of Service and are not redeemable for any sum of money or monetary value from Oath Keepers at any time. Oath Keepers reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.
D. Virtual Currency
The Services may make use of one or more virtual currencies, either within a single Service or for use across multiple Services (“Virtual Currency“). The following terms govern the use of Virtual Currency in connection with the Oath Keepers Services.
Virtual Currency may be obtained in one or more ways depending on the type of Virtual Currency and the Service or Services associated with that Virtual Currency, including without limitation Virtual Currency that may be obtained through purchase with real currency, as a part of membership benefits, or otherwise. Oath Keepers may, from time to time and in its sole discretion, grant Virtual Currency to Users of one or more Services as a gesture of goodwill or in connection with promotions, memberships, competitions, or sweepstakes organized by Oath Keepers. All Virtual Currency that is purchased with real currency, either alone or together with other Services or access to Services (including without limitation payment for memberships), shall be referred to as “Purchased Virtual Currency.” All Virtual Currency that is not Purchased Virtual Currency shall be referred to as “Complimentary Virtual Currency.”
Regardless of the method by which You obtain a Virtual Currency and subject only to the Statutory Obligations (as defined in Section 1), it has no value in real currency, and is not transferable to any other person, or returnable, exchangeable, or refundable for real currency, goods, or services. By purchasing or otherwise obtaining Virtual Currency, you acknowledge and agree that all Virtual Currencies represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Oath Keepers Services governed by these Terms of Service. Because it is a license, Virtual Currency is not property in which You have any ownership right, title, or other interest. Any Virtual Currency balance shown in Your Account does not constitute a real currency balance or reflect any monetary value.
Oath Keepers reserves the right to change the price for any Purchased Virtual Currency or to bundle Purchased Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You. You will have no right to a refund as a result of any change in the price or bundling at which Purchase Virtual Currency can be obtained, subject only to the Statutory Obligations (as defined in Section 1). In the case of Complimentary Virtual Currency, Oath Keepers reserves the right to change or limit the amount of Complimentary Virtual Currency granted as part of any ongoing or continuous promotion, to discontinue any promotion or to bundle Complimentary Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You.
Virtual Currency is not transferable to, or redeemable for, any sum of real currency or monetary value from Oath Keepers or any other person at any time. Oath Keepers prohibits, and does not recognize any purported, transfers, sales, gifts, or trades of Virtual Currency. Virtual Currency will only be used by You to obtain virtual goods or other Downloadable Content, through one or more Services, as determined by Oath Keepers in its sole discretion. You agree not to sell or transfer, or assist others in selling or transferring Virtual Currencies or any amounts thereof. Evidence of any attempt to use, sell or transfer Virtual Currency in any manner that violates these Terms of Service may result in revocation, termination, or cancellation of the Virtual Currency and/or Your use of the Services without refund and/or immediate suspension or termination of Your Account.
2. Content; User-Generated Content; Downloadable Content
Oath Keepers offers a range of services on PC, Mac, iOS devices and mobile devices, including, but not limited to: (i) access to Content (defined in Section 2), (ii) downloading and uploading media, forums, and additional features (together with Content and Software collectively referred to as “Services“).
Certain Services may require the creation of an account (“Account(s)“). To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. During the registration process, You may be required to create a password. Oath Keepers has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if Oath Keepers reasonably believes that such information is untrue, inaccurate, not current, or incomplete.
Some Services may require creation of a user name, such as a “UserID” or “Display Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)“). You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property infringement, any name that could mislead other users to believe You to be an employee of Oath Keepers or affiliated companies, or any name that Oath Keepers deems in its sole discretion to be vulgar, offensive, or otherwise violates these Terms of Service. Subject to the Statutory Obligations (as defined below), Oath Keepers reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
By creating an Account, You agree that You do not own the Account, any user names created on the Account, any Content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.
Accounts are non-transferable under all circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by Oath Keepers or other third parties due to someone else using Your Account, user name or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account, user name or password to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify Oath Keepers immediately of any unauthorized use of Your Account, user name, or password, or any other breach of security.
Do not reveal Your Account password to others. Oath Keepers employees will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a “Forgot Password” request to obtain security questions.
SECTION 10 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM OATH KEEPERS IF (I) YOU HAVE A DISPUTE WITH OATH KEEPERS AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.
IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, OATH KEEPERS ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICES AND THE SUPPLEMENTAL TERMS WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE “STATUTORY OBLIGATIONS“). NOTHING IN THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS AND ANY EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.
UNDER THE STATUTORY OBLIGATIONS OATH KEEPERS IS UNDER A LEGAL DUTY TO SUPPLY TO YOU GOODS, SERVICES AND DIGITAL CONTENT THAT ARE IN CONFORMITY WITH OUR CONTRACT WITH YOU.
Any use, reproduction, modification or distribution of Services, including, but not limited to, Content, Software, or any other intellectual property not expressly authorized by these Terms of Service or by an authorized representative of Oath Keepers in writing is strictly prohibited.
Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. Oath Keepers reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.
Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for Your compliance with applicable laws with respect to the Services that You access and use.
3. Limited License to Use
Subject to the terms in these Terms of Service and Your compliance with all of the terms and conditions in these Terms of Service, Oath Keepers grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services (including any Content which is made available by Oath Keepers as a part of a Service and then solely in connection with such Service) as set forth in these Terms of Service.
You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise use any Services except as expressly provided in these Terms of Service; (e) copy or download any Software or Content unless the Content is Downloadable Content (other than Virtual Currency) or You are otherwise expressly authorized to do so in writing by Oath Keepers; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use is prohibited absent written permission by an authorized representative of Oath Keepers.
Oath Keepers actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, Oath Keepers may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and Oath Keepers reserves the right to take such action as appropriate in the circumstances. You agree to reimburse Oath Keepers for any liabilities, damages, losses, costs and expenses incurred by or suffered by Oath Keepers arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 11.
Oath Keepers reserves title to the Services and all rights to any Services not specifically granted under these Terms of Service, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of Oath Keepers and except for the express licenses granted in the first paragraph of this Section 3, Oath Keepers does not grant You any licenses or rights to patents or other intellectual property. Content and Software are licensed, not sold, to You.
All Services and all intellectual property rights in the Services are owned by Oath Keepers or its licensors and are protected by United States, other jurisdictions, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of these Terms of Service.
4. Availability of Services and Content; Termination of Services
Oath Keepers does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that Oath Keepers will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Oath Keepers reserves the right to change and update Content without notice to You. Oath Keepers also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content, for any reason.
Oath Keepers may patch, update, or modify a Service at any time with or without notice to You. Notwithstanding the foregoing, Oath Keepers has no obligation to make available any patches, updates or modifications or correct any errors or defects in the Services. Oath Keepers makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), You agree that Oath Keepers will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, UGC and Downloadable Content), and/or Account data resulting from any causes whatsoever. Oath Keepers reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.
Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Oath Keepers may restrict, suspend, or terminate Your access to some or any Services at any time. Should Oath Keepers make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at Oath Keepers’ discretion) provided to You via email or is posted on the applicable product or Oath Keepers Service or on Your “My Account” section.
In response to a violation of these Terms of Service, Oath Keepers may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing all or certain Services.
Oath Keepers may terminate Your access to and/or use of the Services (i) for violating these Terms of Service, (ii) if Oath Keepers, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) if Your use of such Services infringes on or is suspected of infringing on another’s rights or any intellectual property; (iv) if You or Your Account reflects inappropriate Content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by Oath Keepers.
If Oath Keepers terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the Account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. Oath Keepers reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.
You acknowledge that in such circumstances, Oath Keepers is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account. If Oath Keepers terminates Your Account, You may not use any Service again without Oath Keepers’ express written permission. Oath Keepers reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by Oath Keepers to use Your Account.
If Your Account, or a particular subscription or membership for a Service associated with Your Account, is terminated or suspended and/or if any Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to Your Account or Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error and subject to the Statutory Obligations (as defined in Section 1). If You believe that any action has been taken against Your Account or device in error, please contact Customer Services at oathkeepers.org/contact-us.
5. Your Right to Cancel Your Account
You have the right to cancel Your Account or a particular subscription or membership to a Service at any time. Additional cancellation terms in respect of a particular subscription or membership may be specified when You subscribe, in Your Account information, or in notices for subscription or membership renewals. Generally, when You cancel a subscription or membership the cancellation will be effective at the end of Your then-current subscription or membership period.
Contact Oath Keepers’ Customer Service at oathkeepers.org/contact-us to cancel Your Account or any subscription or membership to a Service.
Oath Keepers reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription or membership to a Service. You are also responsible for any amounts owed to third-party vendors or Content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.
6. Rules of Conduct
Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Oath Keepers has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services. As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another’s rights or any intellectual property; (iii) Oath Keepers in its sole discretion determined that You or Your Account reflects inappropriate Content; or (iv) You or activities taken under or with Your Account violate these Terms of Service. Other Supplemental Terms pertaining to Your Service, such as a Code of Conduct, provide guidance on behavior that Oath Keepers deems to be inappropriate and specify restrictions on Your Account or Your participation in the Services.
You agree not to use any Service to:
- Take any action or upload, post, transmit, promote, or distribute any illegal Content, including, but not limited to, any UGC;
- Take any action or upload, post, transmit, promote, or distribute any Content that infringes or violates any third party rights;
- Engage in, take any action associated with, or participate in any type of child solicitation, grooming behavior, pedophilia, or predatory behavior in any form;
- Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.;
- Take any action or upload, post, transmit, distribute, or communicate Your or any person’s real-world personal information;
- Impersonate any person or entity, including, but not limited to, Oath Keepers, Oath Keepers’ partners’ or affiliates’ employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Take any action, organize, transmit any Content, effectuate or participate in any activity or group that is harmful, tortuous, abusive, hateful (including “hate speech”), racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or is, in a reasonable person’s view, objectionable and/or deemed to be in the sole discretion of Oath Keepers inappropriate;
- Promote, upload, transmit, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Currency or virtual items. In an effort to continuously improve the Services, You and other users discovering exploits, cracks or other inconsistencies are required to report them to Oath Keepers;
- Take any action or upload, post, transmit, promote, or distribute any Content or software code that may contain a Trojan horse, virus, worm, spyware, time bombs, cancelbots, corrupted data, malware, malicious code, or other computer programs that may damage, interfere with, intercept, expropriate or disrupt the Services, including, but not limited to, any personal information, or confidential or proprietary information;
- Take any action that permits You to collect personally identifiable information, personal information, or aggregated and/or anonymized statistics of others;
- Engage in disruptive behavior in chat areas, forums, or any other area or aspect of the Services. Examples of disruptive behavior include, but are not limited to, conduct which interferes with the normal flow of dialogue within a Service, vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [i.e., all text in capitals] in an attempt to disturb other users, “spamming” or flooding [i.e., posting repetitive text], commercial postings, solicitations and advertisements, posting advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Attempt to get a password, Account information, or other private information from anyone else. As a reminder, Oath Keepers employees will never ask You to reveal Your password.
Oath Keepers may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or to protect the rights, property, or personal safety of Oath Keepers, its customers, or the public.
Unless otherwise specified, there is no requirement or expectation that Oath Keepers will monitor or record any online activity on the Services. Oath Keepers reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as on forums. Oath Keepers also reserves the right to access and/or record any online activity on the Services, and You give Oath Keepers Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where Oath Keepers believes that disclosure is necessary to comply with the law, to combat fraud and/or to comply with a judicial proceeding, court order, or legal process served on Oath Keepers or to comply with an order from a government entity or other competent authority, or when Oath Keepers has reason to believe that a disclosure is necessary to address potential or actual injury or interference with Oath Keepers’, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.
You agree that in its sole discretion and without notice, Oath Keepers may remove Content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services. Subject to the Statutory Obligations (as defined in Section 1), Oath Keepers has no liability for Your or any third party’s violation of these Terms of Service.
If You encounter another user who is violating a code of conduct, please report this activity to Oath Keepers by contacting Oath Keepers Customer Service at oathkeepers.org/contact-us.
7. Your Use of the Services
You further agree not to access, create, or provide any other means through which the Services may be used or accessed by others.
You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Services.
You agree not to use any hardware or software or any other method of support that is not authorized by Oath Keepers or influence or advantage Your use of the Services. Third party tools, the use of “bots”, “speed hacks”, “deep-link”, “page-scrape”, “robot”, “spider”, algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the forums), software that transmits, manipulates, or distributes (including, but are limited to, “mirroring”) the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to use Services without human input are examples of methods not authorized by Oath Keepers.
You acknowledge that You do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for certain Content, except as authorized in writing by an authorized Oath Keepers representative. You may use the Software to the extent expressly permitted by these Terms of Service.
Please note that ANY violation of these terms of service may constitute civil wrongs and/or criminal offenses and Oath Keepers reserves the right to take such action as Oath Keepers in its sole discretion deems appropriate in the circumstances.
Oath Keepers in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use or access the Services. Oath Keepers in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.
8. Third Party Sites and Products
Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, “Third-Party Sites“). Some of these Third-Party Sites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third Party Site through a link but it may appear that You are still using the Services. These Third Party Sites might require You to comply with the terms and conditions, user’s guides and privacy policies of such Third Party Sites.
Some of these web sites may charge separate fees, which are not included in any subscription, membership or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services.
Oath Keepers provides access to the Third Party Sites to You as a convenience, and Oath Keepers does not verify, make any representations or warranties or take responsibility for any such Third Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), YOU AGREE THAT OATH KEEPERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. OATH KEEPERS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH OATH KEEPERS OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD-PARTIES.
This Section 8 shall survive the termination of these Terms of Service.
9. Disclaimer of Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), OATH KEEPERS, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION OR MEMBERSHIP TO THE SERVICE. AS NOTED IN THESE TERMS OF SERVICE, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1) REQUIRES A REFUND BE GIVEN.
IN SOME COUNTRIES, INCLUDING THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA AND NEW ZEALAND, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), OATH KEEPERS AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
THE FOLLOWING PROVISIONS OF THIS SECTION 9 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. OATH KEEPERS DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. OATH KEEPERS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OATH KEEPERS WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, OATH KEEPERS SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.
THIS SECTION 9 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
10. Limitation of Liability; Limited Remedies
A. General Information. THE LAWS IN MANY JURISDICTIONS ALLOW OATH KEEPERS TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS THE LIABILITY OF OATH KEEPERS, ITS LICENSORS AND RESELLERS. HOWEVER, THIS SECTION 10 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW OATH KEEPERS, ITS LICENSORS AND RESELLERS TO LIMIT ITS/THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.
IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, THE FOLLOWING PROVISIONS OF THIS SECTION 10 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).
B. Limited Remedy. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OATH KEEPERS OR ITS LICENSORS OR RESELLERS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT, SUBSCRIPTION OR MEMBERSHIP.
C. No Liability for Conduct, Communications or Content. YOU AGREE THAT OATH KEEPERS, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.
D. Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF OATH KEEPERS OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, “OATH KEEPERS AFFILIATES“) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR USE OF ANY SERVICE EXCEED USD$100.00.
E. Direct Damages. SUBJECT TO SECTION 10(D) ABOVE, OATH KEEPERS WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) OATH KEEPERS’ FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) OATH KEEPERS’ BREACH OF ANY DUTIES IMPOSED ON OATH KEEPERS BY LAW (INCLUDING, BUT NOT LIMITED TO, IF OATH KEEPERS CAUSES DEATH OR PERSONAL INJURY BY OATH KEEPERS’ NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT; (B) A THIRD PARTY UNCONNECTED WITH OATH KEEPERS’ PERFORMANCE OF THESE TERMS OF SERVICE (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (C) ANY OTHER EVENTS WHICH NEITHER OATH KEEPERS, OATH KEEPERS AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF OATH KEEPERS OR THEY HAD TAKEN REASONABLE CARE. AS THE SERVICES ARE FOR CONSUMER USE ONLY, OATH KEEPERS AND OATH KEEPERS AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, OATH KEEPERS, OATH KEEPERS AFFILIATES, ITS LICENSORS AND RESELLERS WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT OATH KEEPERS HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
F. Application. THE LIMITATIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.
THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
11. Indemnification/ Reimbursement
If (i) You misuse any Service or breach these Terms of Service; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any UGC You contribute, results in Oath Keepers incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse Oath Keepers and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.
If a third party sues Oath Keepers for any of Section 11 (i) – (iii) above, Oath Keepers reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse Oath Keepers for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees.
This Section 11 shall survive any termination of these Terms of Service.
12. Termination of Your Account by Oath Keepers
Subject to the Statutory Obligations (as defined in Section 1), Oath Keepers reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to one or more of the Services.
In addition, Oath Keepers reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if Oath Keepers is unable to verify or authenticate any information You provide to Oath Keepers, or (iv) upon Your use of Services, for any other activity whatsoever that is, in Oath Keepers’ sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in the forums.
Upon Oath Keepers’ decision to restrict, suspend, or terminate these Terms of Service, You will lose access to Your Account.
13. Dispute Resolution, Arbitration and Class Action Waiver
If You reside in the EEA/Switzerland/Australia/New Zealand, then only this first paragraph of this Section 13 will apply to You. Oath Keepers will try and solve any disagreements that arise between You and Oath Keepers promptly and efficiently. You and Oath Keepers may agree to refer any disputed matter to resolution proceedings other than in a court but You and Oath Keepers are not restricted from bringing court proceedings at any time.
If You reside outside the EEA/Switzerland/Australia/New Zealand, then the terms below in this Section 13 apply to You.
This Section 13 facilitates the prompt and efficient resolution of any disputes that may arise between You and Oath Keepers. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 13 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury. Certain of the terms below in this Section reference “class actions” or “other collective disputes or representative actions.” If You reside in a jurisdiction that does not permit class actions or other collective disputes or representative actions, such terms will not apply to You.
Please read this Section 13 carefully. It provides that all Disputes (defined below) between You and Oath Keepers shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions, collective actions or representative actions). Except as otherwise expressly provided in this Section 13 or applicable law, entering into these Terms of Service constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court (including, but not limited to, attorneys’ fees). The arbitrator may not award damages disclaimed by these Terms of Service.
For the purpose of this Section 13, “Oath Keepers” collectively refers to Oath Keepers, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and Oath Keepers regarding or related to any aspect of Your relationship with Oath Keepers, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 13 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND OATH KEEPERS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT OR IN ANY OTHER PROCEEDING IN ACCORDANCE WITH THIS SECTION 13.
A. Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give Oath Keepers an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Oath Keepers Inc, Attn: Legal Dep’t, 5130 S Fort Apache Rd, Ste 215, Las Vegas, NV 89148 USA. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If Oath Keepers does not resolve the Dispute to your satisfaction within forty-five (45) days after receipt of Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
B. Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, You or Oath Keepers may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline“). You may opt out by mailing written notification to Oath Keepers Inc, Attn: Legal Dep’t,5130 S Fort Apache Rd, Ste 215, Las Vegas, NV 89148 USA. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on Your relationship with Oath Keepers. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.
- Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution“) either You or Oath Keepers may initiate arbitration proceedings. If You reside in North America, the American Arbitration Association (“AAA“), www.adr.org, will arbitrate all Disputes. If You do not reside in North America, the International Centre for Dispute Resolution (“ICDR“), www.icdr.org, will arbitrate all Disputes. The arbitration taking place before the ICDR will be conducted in English before a single arbitrator. In either case, the arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. The arbitrator shall have the exclusive authority to decide all issues with respect to Section 13, including, but not limited to whether any particular claim asserted by You or Oath Keepers falls within the scope of this Section 13 and any alleged ambiguities in this Section 13.
- In Disputes before the AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply for Disputes of less than $75,000, the AAA’s Commercial Arbitration Rules will apply for Disputes involving $75,000 or more, and in either instance the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The ICDR’s rules will apply to Disputes before that entity. AAA and ICDR rules are available at www.adr.org and www.icdr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules of the AAA or ICDR. Based on the class action waiver set forth in subsection 13(B)(vii) below, under no circumstances will class action procedures or rules apply to the arbitration.
- Because the Services and these Terms of Service concern interstate commerce, the Federal Arbitration Act (“FAA“) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
- Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and these Terms of Service, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration. If You reside in North America, You or Oath Keepers may initiate arbitration in either Las Vegas, NV USA or the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution. In the event that You select the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution, Oath Keepers may transfer the arbitration to Las Vegas, NV, USA in the event that it agrees to pay any additional fees or costs You incur as a result of the transfer, as determined by the arbitrator. If You do not reside in North America, the arbitration shall take place in London, England or Sydney, Australia as requested by You.
- Payment of Arbitration Fees and Costs. Oath Keepers will pay all arbitration filing fees and arbitrator’s costs and expenses upon Your written request given prior to the commencement of the arbitration or as otherwise required by applicable law. You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with Oath Keepers as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
- Class Action Waiver. Any arbitration proceedings initiated pursuant to this Section 13 will be conducted only on an individual basis and not in a class, collective, consolidated or representative action or as a member of a class, collective, consolidated or representative action. If You choose to pursue Your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
C. Jury Waiver. You understand and agree that by entering into these Terms of Service You and Oath Keepers are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 13, You and Oath Keepers might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
D. Severability. If any clause within this Section 13 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 13, and the remainder of this Section 13 will be given full force and effect. Notwithstanding the foregoing sentence, if the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 13 will be unenforceable and the Dispute will be decided by a court.
E. Continuation. This Section 13 shall survive the termination of these Terms of Service and Your use of the Services.
14. Unsolicited Materials
Oath Keepers has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at Oath Keepers. Any unsolicited materials sent will be treated as non-confidential, and Oath Keepers will not be liable for any use or disclosure of such unsolicited material.
If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, music, concepts, data, or other Content that is not UGC, transmitted via the Services, websites, U.S. Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information“), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of Oath Keepers and You hereby assign and agree to assign to Oath Keepers full and unfettered ownership of all such Information. None of the Information shall be subject to any obligation of confidentiality on the part of Oath Keepers and Oath Keepers shall not be liable to You for any use or disclosure of any Information. Oath Keepers shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and on any media, and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.
15. Intellectual Property Infringement
Oath Keepers respects the intellectual property rights of others, and requires that those who use its Services do the same. Oath Keepers will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):
- 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. Providing URLs in the body of an email is the best way to help us locate Content quickly;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OATH KEEPERS, INC 5130 S Fort Apache Rd Ste 215 Las Vegas, NV 89148 Attn: Legal Department Email: email@example.com Phone: 225-329-9832
If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.
Oath Keepers will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that Oath Keepers has received. If You receive such notice from Oath Keepers, You may provide Oath Keepers with a counter-notification in writing to Oath Keepers’ designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Oath Keepers may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Oath Keepers may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.
16. General Terms
A. No Third Parties Have Rights or Remedies. You agree that these Terms of Service (including without limitation the Supplementary Terms) and Oath Keepers’ enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You and Oath Keepers.
B. Severability. Except as specifically provided in Section 13 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect.
C. Waiver. The failure of Oath Keepers to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if expressly acknowledged in a writing signed by Oath Keepers.
D. Governing Law.
- For residents of North America, these Terms of Service and all Disputes (as defined in Section 13 above) shall be governed by the laws of the State of Montana, USA, excluding its conflicts of laws rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.
- If You reside outside of North America, then these Terms of Service and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.
17. Entire Agreement
If there is any direct conflict between specific terms and conditions in these Terms of Service and any Supplemental Terms for a particular Service, the terms and conditions shall govern Your use and access of that Service in the following order of precedence:
Notwithstanding the foregoing, in addition, in connection with a contest, if either the contest rules for the specific contest directly conflict with specific terms and conditions in these Terms of Service or any Supplemental Terms, the applicable contest rule will control, but solely for purpose of the specific contest and not for any other purpose.
Bookmark oathkeepers.org/policies#terms and visit this site regularly for updates to Oath Keepers Terms of Service.
Last updated September 20, 2018
Oath Keepers Inc and its divisions and subsidiaries (collectively, “Oath Keepers”) respects individual privacy and values the confidence of its customers, employees, consumers and others. This Privacy Notice applies to all personal information received by Oath Keepers from its online websites, services, products, and mobile applications. This policy also describes the choices available to you regarding the use of, your access to, and how to update your personal information. By registering for an account, using this website, and/or using any of Oath Keepers’ products or services, you acknowledge and agree that Oath Keepers may process your personal information in accordance with this Privacy Notice. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT USE ANY OATH KEEPERS WEBSITE, OR ANY ONLINE OR OFFLINE PRODUCT OR SERVICE.
What types of information does Oath Keepers collect and how will it be used?
Oath Keepers collects personal and non-personal information about you. For some activities, we combine personal and non-personal information in order to improve your experience, or for security, system integrity, or enforcement purposes. For example, in some of our products or websites, we may ask you to create a username and password and provide personal information such as your age and date of birth.
For certain products, Oath Keepers may enhance or merge the personal information you provide with data from our third party partners in order to perform market analysis or to improve its products, services, or systems. While this information may be shared with our partners that assist us in developing and improving our products, we do not sell this information to other companies or organizations.
Depending on the Oath Keepers website that you are visiting, many of the activities listed may not be available and, as such, personal information and/or non-personal information may not be collected. Additionally, we do not require you to submit personal information to gain access to our websites; however, you will not be able to utilize certain products, services, or features that require registration or receive materials such as newsletters unless such information is provided.
Below, we discuss personal and non-personal information we collect.
Personal Information and How is it Collected?
Generally, personal information is information that identifies you or that can be used to contact you online or offline. The information that Oath Keepers collects from you varies depending upon the product, service, or system and may include your name, credit or debit card information, email address, phone number, home address, zip code, country, birth date, mobile phone number, IP or MAC addresses, mobile device identifiers (e.g., UDID), and console device identifiers (e.g., XUID and PUID). We may collect personal information during:
- Product, service, subscription, and/or other fulfillment;
- Fulfillment of customer requests, orders, and purchases;
- Registration or login to account, and other registration and/or subscription accounts, and when you link your social media account (e.g., Facebook) to an Oath Keepers account;
- When you download our mobile apps or use our services;
- Creation of a personal profile and/or forums profile;
- Community forums, including social media features, including Facebook, Twitter, Googleplus, Tumblr and other OpenID providers;
- Customer Services, technical service inquiries and other service-related assistance;
- Contest registration, promotions, and prize acceptance;
- Newsletter, marketing surveys, and email campaigns;
- Tradeshow and/or event registration;
- Submission of user-generated content;
- Customer Services surveys and internal marketing;
- Anti-cheat and fraud prevention and detection;
- Service requests from third party service providers; and
- Other business related capacities
In addition to personal information, we may collect information from you and your computer or mobile device through use of our services, embedded within messages to you, within social media, in some of our products, and otherwise. Oath Keepers collects non-personal information along with personal information in the context of online and mobile activities, such as online and mobile purchases, registration, or use of a product or service. We may automatically collect certain non-personal geographic information (such as country location) or information about your computer (such as capabilities), which we may then use to assist in responding to your Customer Services inquiry and as set forth in this policy.
As with personal information, many of the activities listed may not be available depending on the Oath Keepers website that you are visiting, and, as such, we may not collect non-personal information from you.
Alone, non-personal information cannot be used to identify your name or to contact you; however, it is possible that some jurisdictions may consider some types of this information (such as IP address) to be as personal information.
What Types of Non-Personal Information does Oath Keepers Collect?
Oath Keepers and its third party service providers may collect non-personal information such as demographic and/or geographic information (gender, age, or information about your computer (capabilities, browser or browser history, platform, mobile device, connection, and so on). We may also collect other non-personal information such as username, user ID or persona, nickname, language, occupation, click paths and other data that you submit to us, such as in surveys, account preferences, friends’ lists or purchases. For our Mobile Apps and Services, Oath Keepers does not collect precise geolocation data, though we may collect general geolocation information to improve and personalize your experience for your geographic data. You may opt out by turning this off at the device level.
We may use this information to provide our services to you, improve our products and services, generate aggregate statistics about our user community, personalize your experience for your geographic area, and we may provide such information to our service partners in order to personalize your experience on our websites including to facilitate updates, provide tailored Customer Services support, assist in security and fraud prevention, for system integrity (preventing hacking, spamming, etc.) or to enforce this Privacy Notice, our terms or our legal rights in accordance with national law.
How is Non-Personal Information Collected?
- Log Files As is true of most websites, we gather information automatically, which is stored in the form of log files. This information includes Internet Protocol (IP) addresses, browser type and language, and operating system, website activity, and includes how many “hits” a particular webpage is getting (a.k.a., “click-through data”). We may combine this automatically collected log information with other information we collect about you. This information helps us to understand trends, view and analyze overall website activity, and evaluate and improve the website, including troubleshooting technical issues.
- Clear Gifs (Web Beacons/Web Bugs) We may also work with third party advertising partners that employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our websites, products, and services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on webpages and are about the size of a period at the end of this sentence. They cannot be disabled through your browser’s hard drive.We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. You may opt-out of future communications by following the unsubscribe instructions included in the promotional email.
- Flash LSOs We use local shared objects (LSOs), also known as Flash cookies, to store your preferences such as volume control or high game score, and to display content based upon what you view on our website to personalize your visit. Third parties, with whom we partner to provide certain features on our website or to display advertising based upon your website browsing activity, use Flash cookies to collect and store information. Our Privacy Notice does not apply to their collection and use of your information.Flash cookies are different from browser cookies because of the amount and type of data, and how that data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here.
- HTML5 We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.
- Demographic Evaluation (Analytics) In some of our products and websites, Oath Keepers may generate aggregate statistics about our user community through the use of Google Analytics, a web analytics service offered by Google Inc. (“Google”) and Adobe Omniture (including Adobe Social), a web analytics service offered by Adobe Systems Inc. (“Adobe”), including their respective affiliates, which collect information when you use some of our online products and services. In addition, we may collect information on your interaction with us on social media sites. We may also use these services to collect and analyze publicly available information that users post about us on various social media sites.These analytics providers help Oath Keepers evaluate whether a user’s experiences are consistent across the company’s websites and marketing campaigns, as well as within social networks. These tools and technologies use server log files, local stored objects (LSOs), web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information including: IP addresses (including for the purpose of determining your approximate geographic location); browser type and language; referring and exiting pages and URLs; platform type; click information; information about your media; landing pages, pages viewed and the order of those pages, as well as the date and amount of time spent on pages within the websites; the date and time of activity on our websites; and information about how you use our websites, including metrics and statistics, feature usage, and similar information.We may also use certain mobile analytics tools to evaluate, monitor and improve the operation of our mobile applications and related services. These tools may record information such as device information, how often you use the application, the events that occur within the application, usage data, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to other information we collect about you.The third party analytics companies who collect information on our websites and mobile apps, and in the context of our online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies and should you require further information, please consult these policies.
- Push Notifications In some mobile products, Oath Keepers may send push notifications from time-to-time in order to update you about events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
Third Party and/or Social Features
From time to time we may allow you to tell-a-friend about our website and we will ask you for your friend’s name and email address. By providing your friend’s name and email address, you confirm that you have obtained your friend’s consent to send such email. At your direction, we will automatically send your friend a one-time email inviting him or her to visit the website. Oath Keepers does not store this information and uses it for the sole purpose of sending this one-time email and tracking the success of our referral program.
We may also run contests, sweepstakes or other events or activities (collectively, “events”) on our Sites. Information collected for these events may include personal information such as your email address and may be collected by or shared with a third party sponsor, co-sponsor, or other third party (e.g., marketing or promotional partner, contest administrator, software licensee, or game developer). While we have no control over the third party’s use of such information, our contracts with these third parties require them to agree to protect the confidentiality, security, and integrity of any personal information we share with them (or that they collect through our Sites). If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these events at the time the information is collected.
Third Party Advertising
You may opt-out of receiving targeted ads from many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by participating companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA). If you are in the European Union, go to www.youronlinechoices.eu for information about your choices with respect to third party advertising, including instructions on how to opt out of participating ad networks. Please note that opting out of participating ad networks does not opt you out of being served advertising. You will continue to receive generic or “contextual” ads. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
On some of our websites, we may allow third-parties to serve ads. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites. You may be able to opt-out of the use of this cookie by visiting that company’s privacy page.
What about Do-Not-Track?
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies), you may also opt out of certain third party ad networks as discussed above.
With whom does Oath Keepers share my personal information?
Oath Keepers may share your personal information with entities and vendors that use it solely to provide support for the internal operations of our websites, online stores (including payment processors), products and services (e.g., message board operations, and technical support processing), as well as related offline product support services. Our contracts with these service providers do not permit use of your information for their own marketing purposes.
Oath Keepers may also share your personal information with our subsidiary or affiliate companies for purposes of internal marketing, analytics, research and demographic studies, which help us improve and tailor the products and services we provide you, and, if you have consented, to notify you about other products and services offered by Oath Keepers and its affiliates.
We may also disclose personal information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we deem it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Privacy Notice; to respond to any claims; or, to protect the rights, property, or personal safety of Oath Keepers, our customers, or the public.
In addition, information about our customers, including personal information, may be disclosed as part of any merger, sale, transfer of Oath Keepers assets, acquisition, bankruptcy, or similar event.
We may also disclose your personal information to any other third parties, where you have consented with your prior consent. In addition, we may share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provide such information does not identify a particular individual.
Can I choose how my personal information is used?
If you prefer not to receive marketing information from our websites, email notices from our message board operators, newsletters, or any other promotional communication from Oath Keepers, just let us know by sending an email to: firstname.lastname@example.org or follow the unsubscribe instructions included in each promotional email.
Please note that, if you choose not to submit information when requested, you may not be able to participate in certain activities or access certain products or services on our websites and may considerably limit the services we can provide you.
We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Does Oath Keepers collect personal information from children under 13?
Our products and services are not directed towards children under 13. Oath Keepers does not knowingly request or collect personal information such as name, address, or email address from children younger than 13 years of age.
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly.
What safeguards does Oath Keepers use to protect my personal information?
The security of your information is important to us. While Oath Keepers takes reasonable precautions against possible breaches of our websites and customer databases, no website or Internet transmission is completely secure. Consequently, Oath Keepers cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Oath Keepers urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information, logging out of your user account, and closing your web browser).
Oath Keepers maintains safeguards to protect the security, integrity and privacy of the personal information we collect. Personal information collected by Oath Keepers is stored in secure operating environments that are not available to the public and is only accessible by authorized employees.
For any purchases that you may make on or through our websites, we may utilize third-party service providers, such as payment processors, to collect, process and store your payment information, including your credit card information. Whenever you enter sensitive information (such as a credit card payment information), that information is collected only on secured (https) webpages and is encrypted during transmission using secure socket layer technology (SSL).
We also have security measures in place to protect against the loss, misuse and alteration of the information under our control (i.e., maintain data quality). Before we allow website users to access their personal information, for example, we verify their identity by prompting them to submit information such as their login name and password.
We will retain your information for as long as permitted for legitimate business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
What is Oath Keepers' policy regarding links to third party websites?
Our websites may contain links to third party sites that are not owned or controlled by Oath Keepers. We are not responsible for the collection and use of your information by these third party sites. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend that you read the Privacy Notice of the website to which you link before you submit any personal information.
Public Information Including User Generated Content, Online Forums, Blogs and Profiles.
You may choose to disclose information about yourself in the course of contributing user generated content to Oath Keeper websites, or in online chat rooms, blogs, message boards, user “profiles” for public view or in similar forums on Oath Keeper websites. Information that you disclose in any of these forums is unencrypted public information, and may be accessed or recorded by Oath Keeper employees or users, or members of the public. In addition, when you enter certain public areas of our services, your username and other public profile information may be viewable by others. You should have no expectation of privacy or confidentiality as to any information you post or display in our forums, or in your profile, or that you otherwise make available on our or through our websites and services.
You should be aware that any personally identifiable information that you submit in the course of these public activities can be read, collected, or used by other users of these services, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums.
How can I access my personal information?
If you have registered on our website and wish to update your profile, you may do so online by visiting the “profile” section found in the user menu on our website. You may be required to submit your login name and password before you can access your profile information.
If you wish to review, update, or delete any personal information that we may have collected about you, please send an email to our Privacy Coordinator by email at firstname.lastname@example.org. We will respond to all access requests within 30 days.
How do I ask a question or file a complaint?
Oath Keepers Inc is the data controller of the personal data processed in connection with our websites.
If you have any questions, complaints or comments regarding our Privacy Notice or practices, please contact us via email at email@example.com or by regular mail at:
Oath Keepers Inc 5130 S Fort Apache Rd Ste 215 Las Vegas, NV 89148 USA Attn: Privacy Coordinator
By using this website, you signify your acceptance and acknowledgement of the Oath Keepers Privacy Notice. If you do not agree to this Privacy Notice, please do not use this website. We reserve the right to make changes to this Privacy Notice. If we make a material change to this Privacy Notice, we will notify you by posting the change on this website and in this Privacy Notice and, if necessary, give you additional choices regarding such change prior to the material change becoming effective. All non-material changes to the Privacy Notice will be effective when posted. Please check back from time to time to ensure that you are aware of these changes. Your continued use of this website will signify your acceptance of, and agreement to be bound by, these changes.
Last updated September 19, 2018
Refunds on Memberships
Some Services require payment of a fee. You must have an Account and pay the applicable fees to participate in those Services. Such fees are payable in advance.
Oath Keepers will offer refund for membership purchases within ten days of purchase, so long as the request is made in writing to firstname.lastname@example.org.
Oath Keepers reserves the right to change the fees or billing methods at any time upon notice to You through Your Account. If You pay a periodic (e.g., monthly) subscription or membership fee for a Service, Oath Keepers will provide You with at least thirty (30) days advance notice of any such changes. Your continued use of the Service thirty (30) days or more after Oath Keepers provides such notice of the changes means that You accept such changes. If any change is unacceptable to You, You may cancel Your subscription or membership at any time with such termination being effective at the end of the then-current subscription or membership period for which You previously paid, but Oath Keepers will not refund any fees or prorate fees for any subscription or membership except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1) unless the cancellation is requested within the first ten days of the subscription, and a formal request is made in writing.
As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.
Refunds on Merchandise
If there is an issue with any order from the Gear Store, please contact us at email@example.com and one of our representatives will do their best to make things right.
If you would like to request a refund, the request must be submitted in writing to firstname.lastname@example.org within fifteen days.
If an item is received damaged, or the wrong size is ordered, we will be happy to provide you with a replacement, providing you return the the incorrect or damaged item at your own expense. All returns must be shipped to the following address:
OATH KEEPERS, INC 5039 Whites Ferry West Monroe, LA 71291 Attn: Gear Store Email: email@example.com Phone: 225-329-9832