Terms of Service

These terms and conditions (“Terms”, “Terms of Use”) are an agreement between Good Sportsman Marketing, LLC, its parent(s), affiliates, subsidiaries, and brand divisions (collectively, “GSM”, the “Company”, “us”, “we” or “our”) and you (“User”, “you” or “your”). These Terms set forth the general terms and conditions of your use of the website https://deercast.com/public, the mobile DeerCast application, and any of their associated functionalities or services (collectively, “Application”). Please read these Terms carefully before you start to use the Application. By using the Application or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and any applicable obligations incorporated herein by reference. If you do not want to agree to these Terms, you must not access or use the Application.

The Application is offered and available to users who are 13 years of age or older. By using the Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter.

Your continued use of the Application following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Mobile Application and Account Security

We reserve the right to withdraw or amend any portion of the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Application and ensuring that all persons who access the Application through your device are aware of these Terms of Use and comply with them.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with the Application is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create an account in the Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use the Application. Providing false contact information of any kind may result in the termination of your account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the Application or any related websites or services. We may block your email address and Internet protocol address to prevent further registration.

Billing and Payments

Where applicable, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payments are processed by third parties, such as StripeTM, GoogleTM, or AppleTM and GSM does not store your credit card information. Because third parties handle your payments, a refund may not be available should you have an issue with the Application. Where services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for your subscription, you will be charged automatically in accordance with the term you selected. We reserve the right to change products and product pricing at any time.

Accuracy of Information

Occasionally there may be information in the Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Application is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Application should be taken to indicate that all information in the Application has been modified or updated.

Links to Other Resources

Although this Application may link to third-party resources (such as websites or mobile applications), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any such resources, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third-parties or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any third-party resources which you access through a link. Your accessing of such third-party resources is at your own risk.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Application: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application or of any related website or application, other websites or mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Application or any related website or application, other websites or mobile applications, or the Internet. We reserve the right to terminate your use of the Application or any related website or mobile application for violating any of the prohibited uses.

Intellectual Property Rights

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, and including intellectual property rights comprising the foregoing) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not:

  • Reproduce, distribute, modify, create derivative works of, publicly display or perform, download, or transmit any of the material on the Application.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
  • Access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

Permitted uses include:

  • Your electronic device may temporarily store copies of such materials in RAM (random access memory) incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide download functionality then you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

These Terms do not transfer to you any intellectual property owned by the Company or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Company. All trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of the Company or the Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.

We may, at our own discretion, keep a copy of any photograph, video, and/or image captured by, or uploaded to, the Application or its related services (the “Captures”). If it is ever determined that you own any intellectual property right (such as copyright) in the Captures, you agree to grant us a worldwide, royalty-free, transferable, sublicensable, and non-revocable license to the Captures. The foregoing license shall not apply to, nor shall we retain, any Capture that shows: You or any other identifiable human individual; or any information that identifies You or any other identifiable human individual such as phone numbers, identification numbers, email addresses, or similar information.

Intellectual Property Infringement Claims

Our Company takes claims of copyright infringement seriously, including claims under the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials by contacting our Designated Copyright Agent. Upon receipt of a notice that complies with the DMCA, Company will investigate notices of copyright infringement and take appropriate actions under the DMCA. Company reserves the right to remove infringing Materials and to terminate access to advertisers and others who are repeat infringers.

Your written notice should include the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please be aware that if you knowingly materially misrepresent that material or activity on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Send any notice of claimed copyright infringement to our Designated Copyright Agent:

Doug Mann
Good Sportsman Marketing, LLC
5250 Frye Road
Irving, Texas 75061
dmanndmca@gsmorg.com
Office: 760-419-1257
Fax: 713-975-0995

Please include the word “copyright” in the subject line for all claims of intellectual property infringement. You may also direct all other questions and comments to the Designated Copyright Agent.

Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPLICATION OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE APPLICATION WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO COMPANY FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Application, including, but not limited to, any use of the Application’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Application.

Changes and Amendments

We reserve the right to modify these Terms or its policies relating to the Application at any time, effective upon posting of an updated version of these Terms in the Application. When we do, we will send you an email or notification to notify you. Continued use of the Application after any such changes shall constitute your consent to such changes.

Acceptance of These Terms

You acknowledge that you have read these Terms and agree to all its terms and conditions. By using the Application, you agree to be bound by these Terms. If you do not agree to abide by the terms of these Terms, you are not authorized to use or access the Application.

Entire Agreement

These Terms, our Privacy Policy and any incorporated obligation constitute the sole and entire agreement between you and the Company regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Arbitration

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Company, its agents, employees, affiliates, successors and assigns (collectively, the “Company Affiliates”), relating to these Terms and/or the Application will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you (the user), and Company (and Company Affiliate when applicable). The arbitration will be conducted in Houston, Texas, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Application will be governed by the internal laws of the State of Texas without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Application be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.

Backups

We are not responsible for content (such as Captures) residing in the Application. In no event shall we be held liable for any loss of any such content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Contact Us

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may do so via the contact form or write a letter to 5250 Frye Road, Irving, Texas 75061, or by calling us 888-508-5922.

This document was last updated on February 1, 2024.

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