Terms of Use

Web Site Terms of Use Policy

Last updated: 14 March 2009

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to Tom Clarke® web site, and all associated sites linked to www.tommyclarke.com by, its subsidiaries and affiliates (the “Site”). The Site is the property of Tom Clarke BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

COPYRIGHT NOTICE

This Site is the only official Site of TomClarke.me, TommyClake.com and is © 2008 Copyright Tom Clarke Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the TomClarke.me or TommyClarke.com is not permitted.

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

Your Use of the Site

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

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

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

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

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

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

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tommy Clarke, Thomas Clarke, TC or others.

Submission of Unsolicited Materials

Tommy Clarke, Thomas Clarke, TC policy prohibits Tommy Clarke, Thomas Clarke, TC or its employees from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Tommy Clarke, Thomas Clarke, TC or anyone affiliated with Tommy Clarke, Thomas Clarke, TC via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by Tom Clarke®’s personnel may appear to be similar to Unsolicited Materials submitted to the Tom Clarke® brand.

As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with TommyClarke.com TomClarke.me or any of Tommy Clarke, Thomas Clarke, TC’s advertisements and promotions, and for any other purpose for which Tommy Clarke, Thomas Clarke, TC chooses to use the Unsolicited Materials.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Tom Clarke, Tommy Clarke, Thomas Clarke, TC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Tommy Clarke, Thomas Clarke, TC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Tommy Clarke, Thomas Clarke, TC makes no commitment to update the materials on the Site with respect to such products and services.

Your Acceptance

By using or visiting the www.tommyclarke.com or www.tomclarke.me (Tom Clarke®) website or any TOM CLARKE® products, software, data feeds, and services provided to you on, from, or through the TOM CLARKE® website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) the TOM CLARKE® Privacy Notice. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including this website’s Privacy Policy, please discontinue using the website immediately.

By using this website, you agree to be legally bound by all of the terms of this Agreement. TOM CLARKE® reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by TOM CLARKE® may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

Representations

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Provided you are eligible to use this site, TOM CLARKE® hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the “Material”). You acknowledge and agree that you may not sub license, assign or otherwise transfer this license or the Material and that no title to the Downloaded Material has been or will be transferred to you from TOM CLARKE® or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.

Availability of Services

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

Access to the Services.

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services. In addition, access to certain of the Subscription Products is limited to residents of certain geographical territories, and can be modified at Tom Clarke®’s discretion.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Tom Clarke®’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. TOM CLARKE® may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and TOM CLARKE® makes no commitment to update the materials on the Site with respect to such products and services.

Your Content and Conduct.

As an Tomclarke.me, tommyclarke.com account holder you may submit Content to the Service, including but not limited to, user comments. You understand that TOM CLARKE® does not guarantee any confidentiality with respect to any Content you submit.

Copyrights and Trademarks.

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

Infringement Notice.

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

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.