Terms of Service

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on The Holey Rail's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on The Holey Rail's web site;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Holey Rail at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  3. Legal Notice to PicScout, http://www.picscout.com/ ,Getty Images,http://www.gettyimages.com/ trading as: GYI , all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com/, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing this website or any website hosted on the AllProWebTools hosting platform or AllProWebTools maintained servers.

    Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Colorado.

    Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices

    We regard Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns as entities engaged in extortion. As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications. Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of $25,000 US per violation of our Terms of Service concerning image scanning robots.

3. Disclaimer

  1. The materials on The Holey Rail's web site are provided "as is". The Holey Rail makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Holey Rail does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Holey Rail or its suppliers or website hosting provider AllProWebTools or any of its subsidiaries, agents, or assigns be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Holey Rail's Internet site, even if The Holey Rail or a The Holey Rail authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on The Holey Rail's web site could include technical, typographical, or photographic errors. The Holey Rail does not warrant that any of the materials on its web site are accurate, complete, or current. The Holey Rail may make changes to the materials contained on its web site at any time without notice. The Holey Rail does not, however, make any commitment to update the materials.

6. Links

The Holey Rail has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Holey Rail of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

The Holey Rail may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

Any claim relating to The Holey Rail's web site shall be governed by the laws of the State of CO without regard to its conflict of law provisions.

Any claim relating to AllProWebTools, it's software, hosting, or any of its subsidiaries, agents, or assigns shall be governed by the laws of Loveland, CO.  The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Loveland, CO will be the only permissible venues for any and all disputes arising out of or in connection with any access to AllProWebTools hosting or web servers maintained by AllProWebTools.