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Download Site Terms of Use

 

 

This website contains copyright-protected photographic images, illustrations, text and logos that are owned by Olin Corporation (“Winchester”) . All downloadable files found within this site should only be used for promotional, editorial, or informational uses to identify Winchester, Winchester products and Winchester licensed product. Any other use of these materials requires written permission from Winchester. To gain access to website you must first read the TERMS OF USE below.

 

TERMS OF USE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OLIN CORPORATION (WINCHESTER) STATING THE TERMS THAT GOVERN YOUR USE OF THE MATERIALS DOWNLOADABLE FROM THIS SITE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, APPLICABLE PRODUCT LICENSES, AND ALL OF WINCHESTER'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND WINCHESTER. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THESE SERVICES. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND WINCHESTER MAY REFUSE ACCESS TO THE DOWNLOAD SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
BY AGREEING WITH THE TERMS OF USE, YOU ACCEPT THAT, LIKE OTHER WEB SITES, WINCHESTER GATHERS CERTAIN INFORMATION AUTOMATICALLY AND STORES IT IN LOG FILES.  THIS INFORMATION INCLUDES INTERNET PROTOCOL (ISP), REFERRING/EXIT PAGES, OPERATING SYSTEMS AND DATE/TIME STAMP.

1. Definition of the Winchester Download Service (Service). Winchester is the provider of the Winchester Download Service that permits you to download digital content, such as images, logos, press information and specifications, under the terms and conditions set forth in this Agreement.

2. Age requirements for use of the Service. This Service is restricted to individuals aged 18 years or older.

3 . System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended for downloading larger files. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. WINCHESTER's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to WINCHESTER's Privacy Policy which is expressly made a part of this Agreement. If you have not already read WINCHESTER's Privacy Policy, you should do so now.

6. User Information and Security.

WINCHESTER reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

7. Territory. The Service is available only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that WINCHESTER may use technologies to verify your compliance.

8. Intellectual Property.

a. Acknowledgement of Ownership. You acknowledge and agree that the Service, including but not limited to Product images, graphics, and editorial content, contains proprietary information and material that is owned by WINCHESTER and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever.  You will not alter the images in any way, including removing any trademark or copyright notices, except that you may resize an image to fit your particular application.  You will only use the images to truthfully advertise and promote genuine Olin Corporation/Winchester products, and you will not make any other use of the images, including but not limited to (a) criticizing or commenting on Olin Corporation/Winchester or any of Olin Corporation’s/Winchester’s products; and (b) advertising or promoting any other product or service, whether or not competitive with Olin Corporation/Winchester.  You acknowledge that Olin Corporation would be irreparably harmed by the breach of this Agreement, and consent to the entry of an injunction to prevent the breach, or continued breach of this Agreement.  You agree to indemnify Olin Corporation against any damage, loss, or cost, resulting from your breach of this Agreement, including Olin’s reasonable attorneys’ fees in enforcing this agreement.

b. Copyrights. All copyrights in and to the Service are owned by WINCHESTER and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

c. Trademarks. WINCHESTER, the WINCHESTER logo and other WINCHESTER trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of WINCHESTER in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

9. Termination.

a. Termination by WINCHESTER. If you fail, or WINCHESTER suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules or infringement or other violation of third parties' rights, WINCHESTER, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Access to the Service.

b. Termination of the Service. WINCHESTER reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and WINCHESTER will not be liable to you or to any third party should it exercise such rights.

10. General Compliance with Laws. The Service is controlled and operated by WINCHESTER from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

11. Enforcement of These Terms. WINCHESTER reserves the right to take steps WINCHESTER believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to WINCHESTER's right to cooperate with any legal process relating to your use of the Service and/or Properties. You agree that WINCHESTER has the right, without liability to you, to disclose any Collected Data and/or information to law enforcement authorities, government officials, and/or a third party, as WINCHESTER believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to WINCHESTER's right to cooperate with any legal process relating to your use of the Service and/or Properties.

12. Disclaimer of Warranties; Liability Limitations.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY WINCHESTER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL WINCHESTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WINCHESTER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WINCHESTER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. WINCHESTER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WINCHESTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS WELL AS ANY LIABILITY RELATING THERETO.

13. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD WINCHESTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY WINCHESTER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM WINCHESTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WINCHESTER'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

14. Changes. WINCHESTER reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

15. Governing Law. The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with WINCHESTER or relating in any way to your use of the Service resides in the state and federal courts located in the County of St. Louis, State of Missouri and you waive any objection to personal jurisdiction and venue of these courts.

16. Miscellaneous. These Terms of Service constitute the entire agreement between you and WINCHESTER and govern your use of the Service, superseding any prior agreements between you and WINCHESTER on this subject. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. WINCHESTER's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. WINCHESTER will not be responsible for failures to fulfill any obligations due to causes beyond its control.

PRIVACY STATEMENT

Olin is dedicated to the fundamentals of protecting your privacy on the Internet. We only collect personal information from our visitors on a voluntary basis. Personal information may include name, title, company, address, phone number, email address etc. We do not require this information to obtain access to any part of our site. The personal information we collect is only used by us to process a request that has been placed or for marketing Olin products and services. We do not sell or rent personal information to other organizations.

If you would like to add your name, correct your information or remove your name from our mailing list, please contact us by mail.

Winchester Ammunition
Attn: Web Site Dept.
190 Carondelet Plaza, Suite 1530
Clayton, MO 63105

Please include your full name and phone number in your correspondence in case we have questions. The Olin Web server collects the domain names (not the e-mail addresses) of visitors to our Web Site. This information is aggregated to measure number of visits, average time spent on the site, pages viewed, etc. Olin uses this information to measure the use of our site and to improve the content of our site. Olin's Web Site may contain "links" to other sites, and we make every effort to only link to sites that share our high standards and respect for privacy. However, we are not responsible for the content or the privacy practices employed by other sites.