>Terms and Conditions
Real Action Paintball Inc. Terms and
Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to RAP4. RAP4 provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the
TOS at any time at:
http://rap4.com/pursuit/terms.html. In addition, when using
particular RAP4 services, you and RAP4 shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules (including but not limited to our
Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
RAP4 currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for RAP4 to provide the Service. You also understand and agree that the service may include certain communications from RAP4, such as service announcements, administrative messages and the RAP4 Newsletter, and that these communications are considered part of RAP4 membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RAP4 properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RAP4 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that RAP4 has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or RAP4 has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, RAP4 has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). RAP4 is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the age of
13 who wish to allow their children access to the Service must create a RAP4
Family Account. When you create a RAP4 Family Account and add your child to
the account, you certify that you are at least 18 years old and that you are
the legal guardian of the child/children listed on the RAP4 Family Account.
By adding a child to your RAP4 Family Account, you also give your child
permission to access all of the Services including, email, message boards,
clubs, instant messages and chat (among others). Please remember that the
Service is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for your
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify RAP4 of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. RAP4 cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not RAP4, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
RAP4 does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will RAP4 be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that RAP4 does not pre-screen Content, but that RAP4 and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, RAP4 and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by RAP4 or submitted to RAP4, including without
limitation information in RAP4 Message Boards, RAP4 Clubs, and in all other
parts of the Service.
You acknowledge and agree that RAP4 may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of RAP4, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RAP4 does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RAP4 the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the RAP4 network of properties that are intended by RAP4 to be available to the general public. By way of example, publicly accessible areas of the Service would include RAP4 Message Boards and portions of RAP4 Clubs and RAP4 Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of RAP4 Clubs and RAP4 Groups that are limited to members, RAP4 services intended for private communication such as RAP4 Mail or RAP4 Messenger, or areas off of the RAP4 network of properties such as portions of World Wide Web sites that are accessible through RAP4 Webring but are not hosted or served by RAP4.
You agree to indemnify and hold RAP4, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RAP4 may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
RAP4's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that RAP4 has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that RAP4
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that RAP4 reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
RAP4 reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that RAP4 shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
You agree that RAP4 may, under certain circumstances and without prior
notice, immediately terminate your RAP4 account, any associated email
address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or
any part thereof), (e) unexpected technical issues or problems, and (f)
extended periods of inactivity. Termination of your RAP4 account includes
(a) removal of access to all offerings within the Service, including but not
limited to RAP4 Mail, Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion of your password
and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made in
RAP4's sole discretion and that RAP4 shall not be liable to you or any
third-party for any termination of your account, any associated email
address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that RAP4 shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because RAP4 has no control over such
sites and resources, you acknowledge and agree that RAP4 is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that RAP4 shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. RAP4'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by RAP4 or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
RAP4 grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
RAP4 for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAP4 SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAP4 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17
and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes. RAP4 and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
RAP4, the RAP4 logo, and other RAP4 logos and product and service
names are trademarks of Real Action Paintball LLC. (the "RAP4 Marks").
Without RAP4's prior permission, you agree not to display or use in any
manner, the RAP4 Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
RAP4 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RAP4's Copyright Agent the following information:
24. SALES & PROMOTIONS:
All Promotions are given as stated on advertisement. Promotion and Sales are strictly based on RAP4 rights to price items as determined. Promotion and Sales does not apply to special items, or items that are already discounted. These items include refurbished, sales item, or discounted items.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and RAP4 and govern
your use of the Service, superceding any prior agreements between you and
RAP4. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and RAP4 shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. You and RAP4 agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Santa
Clara, California. The failure of RAP4 to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.