PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS WEB SITE.

TERMS

This site of Safari Showclub at www.safarishowclub.com is fully controlled and operated by Safari Showclub. By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of The Fan. If you do not agree with all of the following terms and conditions, please do not use this site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on November 22, 2004 .

OWNERSHIP OF INTELLECTUAL PROPERTY

All Site software, design, text, images, photographs, illustrations, audio-clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of Safari Showclub. and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Safari Showclub hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of Safari Showclub. Use of Safari Showclub.com and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

USER SUBMITTED MATERIALS AND EMAILS

To the extent that portions of this Site provide users an opportunity to send email materials, information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of Safari Showclub. In no event shall Safari Showclub assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You hereby authorize Safari Showclub to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Safari Showclub will have the right to use and change the Postings in any manner that The Fan may determine.

Safari Showclub does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is or may be displayed or distributed throughout our website. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES

Safari Showclub provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by Safari Showclub and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation that appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Safari Showclub is not responsible or liable for any infections, tamperings or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAFARI SHOWCLUB, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SAFARI SHOWCLUB OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Safari Showclub's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Safari Showclub, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and Safari Showclub does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Safari Showclub is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Cowgirls, Inc. nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Safari Showclub will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Safari Showclub, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Cowgirls, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Safari Showclub in asserting any available defenses.

MISCELLANEOUS

Safari Showclub owns this site. Safari Showclub.com is operated and maintained by Blackwerdz Studios (www.blackws.com). Address of contact is 3000 S.E. Powell Ave. Portland, OR 97202 .

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Oregon applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Oregon.

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PRIVACY STATEMENT

We are committed to protecting our users' privacy. Keeping the information you share with us on the Site secure and ensuring your understanding of how we collect, use and maintain your information is important to us at SAFARISHOWCLUB.COM. We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems. Because of its importance and to make it easier for you to find and review it, we have made this Privacy Statement into a separate document on the Site. However, bear in mind it is a part of our agreement with you and the terms and conditions contained in our Terms of Use describe how and when we may make changes to these statements and terms, and how they become binding upon you. We again remind you to check back here and to our Terms of Use often to be sure you remain mindful of the terms and conditions that apply to you when you use the Site.

Disclosure (General) :

Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Please see "Disclosure to Third Parties", below, for more information.

Overview :

This Privacy Statement is intended to explain our privacy practices and inform you as to:
the kinds of information we collect from users of the Site and how that information is collected;
how we use the information; the circumstances under which we disclose information to third parties; how you can access, update or delete any information collected about you by us; and
the mechanisms we have implemented to protect your personally identifiable information.
You can visit the Site and learn about our company and its products and services, as well as certain goods and services available from our advertisers and sponsors.

Personally Identifiable Information :

When we use the term "personally identifiable information" we mean information such as your full name, street address, town or city, state, zip code, telephone number, username, instant-messenger nickname, date of birth, e-mail address and any other information which we may collect from you that would allow someone to identify you or contact you. Personally identifiable information also includes information about your transactions, interaction or relationship with us, if you have been a customer or user. For example, if you order any of our products and services, in addition to your name and contact information, we may also collect and maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, your order number, and information about your computer's internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). We collect this and other information to fill your order, to communicate with you about your order and to send you promotional materials. Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, personally identifiable information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. We collect personally identifiable information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions and activities, ordering or purchasing products or services or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including personally identifiable information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences. Some features and functions of the Site require you to register or obtain our permission before you can use them - for security, identification and marketing reasons, among others - and as part of that process we may ask you to provide us with certain personally identifiable information. In addition, during the registration process we will also ask you to select (or we may provide) a user ID and password (we will allow you to change your password, as well as any personally identifiable information you may have given us in order to keep this information current). Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
The personally identifiable information you provide to us, as well as any information, personal or otherwise, that you create and which may be saved on or in association with the Site, is used to provide you with better service. It allows us to save you time and money and better understand your needs. It also helps us help you learn more about your preferences and those goods and services that may be of interest to you. For example, we track your information to assist us in confirming and filling orders, producing reports, maintaining quality control, administering and managing the Site and our business, and, whenever it may become necessary or appropriate, to contact you concerning your orders, your transactions or any other activities associated with the Site. We may use your personally identifiable information to advise you of goods or services, which may be available from SAFARISHOWCLUB.COM, its sponsors and advertisers. If you are a registered user, you also acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration and use of the Site.

Cookies :

We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including: keeping count of your return visits to the Site or our advertisers' or partners' sites;
accumulating and reporting aggregate, statistical information in connection with the Site;
determining which features users like best; and
saving your user ID, your password or other information so you don't have to re-enter it each time you visit the Site.

Third Parties on our Site :

Our Site may contain advertisements, references and links to other web sites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party advertising companies employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules may apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours, and even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and we encourage you to investigate and ask questions directly of them in this regard.

Disclosure to Third Parties :

Except as described in this Privacy Statement, SAFARISHOWCLUB.COM uses good faith efforts not to provide third parties with access to your personally identifiable information. We will, however, make your personally identifiable information available to others:

When we have your consent (you "opt in") to do so, in which case their use of your information is subject to their own privacy policies;
When we have retained companies to work with or on behalf of SAFARISHOWCLUB.COM to provide Products, goods or services that you have requested;
When you use co-branded services - in which case you are giving us permission to pass any personally identifiable information you provide in the context of our co-branding and marketing relationship, back to our co-branding partner. Their use of your information is subject to their own privacy policies;
When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
if we believe your actions violate any law, regulation, our Terms of Use or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of SAFARISHOWCLUB.COM, its suppliers, advertisers, other customers or users, or any other party;
as and when we, in our sole discretion, believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
in the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.

It is also possible that third parties may unlawfully intercept or access transmissions or private communications.
We do not sell or market your personally identifiable information to third parties.
Some of the aggregate customer data we collect may be shared with advertising companies in order to enhance and improve the operation and relevance of the Site, but we do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies.

Communications from Us :

If you provide us with your e-mail address, we may occasionally send you an e-mail. You may "opt out" of receiving e-mails from us through the “opt out” option found at the end of each email correspondence sent by us. Summary: Our privacy guidelines are designed to ensure that we:

collect and use your personally identifiable information only as necessary to deliver high quality service, to administer our business and to let you know of goods and services that are available from our family of companies;
protect the personally identifiable information the Site's users share with us, maintaining strict standards of security and confidentiality. In this regard we even limit access by our own employees to those individuals who are trained and advised in the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes;
not disclose your personally identifiable information to any external organization, except as we have described in this Privacy Statement or unless we have previously obtained your consent ("opt in");
require any other organization that we retain or engage to provide services for us, to conform to our privacy standards and to allow us to audit them for compliance;
exchange information about you and carry out credit approvals or checks necessary for your purchases of products and services from us, to prevent fraud and any other activities we may be required to monitor and report under applicable laws and regulations; and
make every effort to keep your personally identifiable information complete, up to date, and accurate based on the information you provide us. Our Site provides a convenient and easy to use mechanism to allow you to access and update the personally identifiable information you give us.

Questions :

If you have questions about our Privacy Statement, you may contact us directly by emailing us at info@safarishowclub.com . Because we receive such a high volume of e-mails and communication, please do not use this particular form or e-mail address for anything else, because we will not be able to respond if your question does not relate to our privacy statement.

Sole Statement :

This privacy statement is the sole statement of SAFARISHOWCLUB.COM's privacy policy with respect to the Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

Copyright © Safari Showclub. 2004 All Rights Reserved.

This privacy policy was last updated on November. 22, 2004 .