 |
|
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following
terms and conditions and other applicable law. If you do not
agree to these terms and conditions, please do not use this
site.
Copyright
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a collective
work under the United States and other copyright laws, and is
the property of Capitol City Paintball, Inc.. The collective
work includes works that are licensed to Capitol City Paintball,
Inc.. Copyright 2003, Capitol City Paintball, Inc. ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing
an order with Capitol City Paintball, Inc. or purchasing Capitol
City Paintball, Inc. products. You may display and, subject to
any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material
from the different areas of the site solely for your own
non-commercial use, or to place an order with Capitol City
Paintball, Inc. or to purchase Capitol City Paintball, Inc.
products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized
by Capitol City Paintball, Inc.. You further agree not to change
or delete any proprietary notices from materials downloaded from
the site.
Trademarks
All trademarks, service marks and trade names of Capitol City
Paintball, Inc. used in the site are trademarks or registered
trademarks of Capitol City Paintball, Inc.
Warranty Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant
to applicable law, Capitol City Paintball, Inc. disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Capitol City Paintball,
Inc. does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that
makes the site available are free of viruses or other harmful
components. Capitol City Paintball, Inc. does not make any
warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do
not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Capitol City Paintball, Inc. shall not be liable for any special
or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance
of the products, even if Capitol City Paintball, Inc. has been
advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion
may not apply to you.
Typographical Errors
In the event that a Capitol City Paintball, Inc. product is
mistakenly listed at an incorrect price, Capitol City Paintball,
Inc. reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Capitol City
Paintball, Inc. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Capitol
City Paintball, Inc. shall issue a credit to your credit card
account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or
shopping process. These terms and conditions, or any part of
them, may be terminated by Capitol City Paintball, Inc. without
notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any
termination.
Notice
Capitol City Paintball, Inc. may deliver notice to you by means
of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to Capitol City
Paintball, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including
but not limited to the purchase of Capitol City Paintball, Inc.
products) shall be in the state or federal courts located in Los
Angeles County, California. Any cause of action or claim you may
have with respect to the site (including but not limited to the
purchase of Capitol City Paintball, Inc. products) must be
commenced within one (1) year after the claim or cause of action
arises. Capitol City Paintball, Inc.'s failure to insist upon or
enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and
conditions. Capitol City Paintball, Inc. may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a Capitol
City Paintball, Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site
is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate
the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or
become members of any other commercial online service or other
organization.
Participation Disclaimer
Capitol City Paintball, Inc. does not and cannot review all
communications and materials posted to or created by users
accessing the site, and is not in any manner responsible for the
content of these communications and materials. You acknowledge
that by providing you with the ability to view and distribute
user-generated content on the site, Capitol City Paintball, Inc.
is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Capitol City
Paintball, Inc. reserves the right to block or remove
communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or
otherwise unacceptable to Capitol City Paintball, Inc. in its
sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Capitol City
Paintball, Inc., its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related
to your account (including negligent or wrongful conduct) by you
or any other person accessing the site using your Internet
account.
Third-Party Links
In an attempt to provide increased value to our visitors,
Capitol City Paintball, Inc. may link to sites operated by third
parties. However, even if the third party is affiliated with
Capitol City Paintball, Inc., Capitol City Paintball, Inc. has
no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Capitol
City Paintball, Inc.. These linked sites are only for your
convenience and therefore you access them at your own risk.
Nonetheless, Capitol City Paintball, Inc. seeks to protect the
integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does
not work).
|
|
|
|
|
|
