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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.
To purchase any products from RAP4, each and every customer must read,
understand, and agree to all the warranties, warnings and liabilities of the
products offered by RAP4. The customer will not hold RAP4, including owners,
employees, manufacturers or any affiliates responsible for any and all legal
actions. RAP4 is not responsible for any accidents, injuries, or property
damage resulting from the use of these products. All customers must be 18
years of age or older. All customers must be aware of all local, state, and
federal laws governing the use and ownership of these products. If the
customer is purchasing product(s) for a person under the age of 18, he or
she must agree to take full responsibility of their actions, as their parent
or guardian. All customers must understand that removing any warning
stickers, paint, or markings in compliance with Federal law is strictly
prohibited and will void all warranties. All customers must understand that
Federal Law states that the use of a look-a-like or toy firearm in any crime
carries the full ramifications of a real firearm or weapon. All customers
have been advised that Real Action Paintball recommends proper eye and face
protection be worn by anyone firing the RAP4 gun, and that the RAP4 gun
should never be shown in public view, or any improper setting. All customers
must read and understand the RAP4 Rules and Safety Tips offered by RAP4. All
customers agree to hold RAP4 harmless, and all of its agents harmless, of
any and all legal action arising from the sale and/or use of our products
and services.
| YOU MUST READ THE FOLLOWING LEGAL DOCUMENT AND AGREE TO ITS TERMS. BY
ORDERING FROM THIS SITE YOU ARE INDICATING YOU HAVE READ AND UNDERSTOOD EACH
PROVISION AND AGREE TO ALL OF THE FOLLOWING:
I, the Purchaser, declare that I am at least 18 years of age, that I am
familiar with the laws and regulations in my jurisdiction, if any, governing the
purchase and use of paintball guns, and that I do not know of any local or State
laws or regulations that prohibit me from purchasing or owning paintball-type
guns and/or accessories. RAP4 paintball guns are required by law to have the
tip (1/4 inch) of the barrel permanently colored in blaze orange. I understand
that removal of the orange tip, any warning stickers or protective markings is a
violation of Federal law and will void any and all product warranties. I
acknowledge that the use of any look-alike or toy gun in commission of a crime
may carry the same legal ramifications as if a real firearm had been so used. I
have read and understood all warnings, disclaimers, and warranties related to
the products offered by RAP4. RAP4 products are potentially dangerous and can
cause serious injury and even death. I acknowledge that I am responsible for
using RAP4 products safely and legally and hereby agree to indemnify and hold
harmless RAP4.com, its owners, employees, agents and affiliates for any and all
legal action arising from purchase, use or ownership of RAP4 guns and
accessories from RAP4.com, including, but not limited to any lawsuit or claim by
myself or a third party for bodily injury, death or illegal activity. By
purchasing from this site, I, the Purchaser, indicate that I have read and
understood the above liability waiver and that I agree to be bound by its terms.
** Terms and conditions are subject to change without notice.
Please read Real
Action Paintball Rules and Safety Tips
PAINTBALL SAFETY
ALTHOUGH PAINTBALL CAN BE FUN AND INSTRUCTIVE, USE OF THE EQUIPMENT HAS CERTAIN INHERENT DANGERS. DANGER CAN BE GREATLY REDUCED, IF NOT ELIMINATED, BY FOLLOWING SAFETY GUIDELINES, USE OF PROPER SAFETY EQUIPMENT, AND EXERCISE OF COMMON SENSE.
PAINTBALL GUNS AND ACCESSORIES ARE NOT TOYS AND CAN BE EXTREMELY DANGEROUS IF USED IMPROPERLY OR WITHOUT PROPER SAFETY EQUIPMENT.
READ, REMEMBER, AND FOLLOW THESE GUIDELINES AND USE COMMON SENSE.
IF WE WERE TO OFFER ONE SUGGESTION ONLY, IT WOULD BE TO TREAT A PAINTBALL GUN AS IF IT WERE A REAL WEAPON.
Quick Safety Tips
Treat a paintball gun as if it were a real weapon.
Always handle a paintball gun as if it were loaded.
Never allow children to have access to paintball guns.
Any person under the age of 18 should use the equipment only under direct and constant adult supervision, if at all.
Never look directly into the muzzle/barrel.
Always wear proper safety equipment that protects your eyes, ears, face, and head. Ordinary glasses or safety goggles are NOT enough. Do not remove this safety equipment even for a moment.
Always wear proper clothing and safety equipment that protects your entire body. Body armor and vests are highly recommended.
Never store or transport a gun loaded with ammo or CO2.
Always store and transport equipment in a proper bag or case.
Always store equipment in a safe and secure location.
The safety should always be “on” until ready to fire.
Keep your finger away from the trigger until ready to fire.
Never fire in the direction of someone’s head, especially at close range.
Be aware of your target and the area beyond your target.
Do NOT remove safety markings.
Never expose a paintball gun in public. Even with proper safety markings, a paintball gun could be mistaken for a real weapon.
CO2 cartridges, canisters, tanks and cylinders should never be exposed to extremely hot or cold conditions. Even direct sunlight or a closed car on a warm day can lead to excessive temperature.
Proper maintenance should be preformed periodically to insure proper functioning and safety and should be done only by qualified personnel.
Never attempt to repair equipment that has experienced actual or suspected damage or malfunctioned.
Never attempt to modify equipment.
There are numerous State and Federal laws and regulations that govern the sale, shipment, transport and possession of paintball guns and accessories. Be sure to know and observe all laws and limitations.
Use common sense and treat paintball guns and accessories as if they were real weaponry.
General Safety
Paintball guns are not toys.
A paintball gun should be stored, handled, and cared for in the same manner as a real weapon.
Always handle a paintball gun as if it were loaded and ready to fire.
Never allow children to have access to paintball equipment.
Paintball pellets are shot with significant force. Eye, ear, face, and head protection should be worn at ALL times. Do not remove this equipment even for a moment.
Even with the legally required safety markings, the guns look very real. Most people cannot tell the difference between a RAP4 gun and a real one. A mistake could result in devastating consequences. Law enforcement personnel and other people may react to a paintball gun in the same manner as a real weapon.
Never remove safety markings such as the colored tips.
Never assume that the safety markings will prevent someone from thinking a paintball gun is not a real weapon.
Always transport paintball guns and accessories in a proper bag or case.
Never handle a paintball gun in public. A mistake could result in devastating consequences.
CO2 cartridges contain high pressure. Never expose a cartridge to excessive temperatures. Never attempt to refill a disposable cartridge. Always follow instructions for tanks and refillable cartridges. Never dispose of a cartridge that still contains CO2. Even empty cartridges can explode if exposed to high temperature.
Extreme care should be exercised in the repair a paintball gun or CO2 cartridge. In the event of any actual or suspected malfunction or damage, we recommend that the equipment immediately be removed from use and returned for evaluation by qualified personnel.
Never attempt to modify your equipment on your own.
Eye, Ear, and Face Protection
Paintball pellets are shot with significant force and can cause serious injury or death if proper safety equipment is not used at all times.
Eye, ear, face, and head protection should ALWAYS be worn.
Ordinary eyeglasses or safety goggles are NOT enough. Paintball safety equipment is designed to withstand the impact force of paintball pellets and to protect you from the paint. Ordinary glasses and safety goggles do NOT provide adequate protection.
Many injuries (especially eye and ear injuries) occur when safety devices are removed for just a few seconds. Do not remove safety equipment even for a moment. Many of the serious injuries have occurred when safety equipment was removed for just a few seconds.
Your eyes, ears, face, and head should ALWAYS be completely covered by proper equipment such as goggles, mask, and helmet.
Never fire at the head of another person, especially at close range.
All parts of your body should be completely and thickly covered. Body armor and vests are highly recommended.
Your eyes are the most vulnerable part of your body. Serious injury and blindness can occur from impact. Paint from paintball pellets can cause loss of visibility and possible blindness.
Ear injuries can occur as often as eye injuries.
General Legal Requirements
Federal Law requires paintball guns to have safety markings such as the orange colored tip.
Federal Law requires that the weapons be marked in the manner in which you will receive them from us.
Do not remove the orange markings on your weapon.
It is illegal for an ordinary user to remove safety markings.
It is illegal for an ordinary user to transport, in any manner, a paintball gun that does not have the required safety markings.
Removal of safety markings is not only illegal, but will void any of our warranty and return policies.
There are many places, such as State and Federal Parks and Wildlife Refuges, where it is illegal to possess paintball guns.
There are state and Federal laws that make it illegal to sell, manufacture, and/or possess a silencer or “moderator” of any kind (any device for silencing, muffling, or diminishing the report of a portable firearm). These laws and regulations have been interpreted to apply to items for use with paintball guns and even if you make it yourself.
Transportation and Handling
A paintball gun should be stored and transported as carefully as you would handle a real weapon.
Even with the legally required safety markings, the guns look very real and most people cannot tell the difference between a RAP4 gun and a real one.
Even with the legally required safety markings, a paintball gun could easily be mistaken for a real weapon. Never handle a paintball gun in public. A mistake could result in devastating consequences.
Always use appropriate cases or bags when transporting paintball guns.
Never transport a paintball gun loaded with ammo.
Never transport a paintball gun with the CO2 cartridge in place.
Always be sure the safety is “on” even when not loaded.
Do not leave CO2 cartridges in a closed environment such as a car trunk or car with the windows closed, especially in hot weather. A closed environment can quickly result in high temperatures.
Paintball guns should always be stored and transported in a manner that prevents children from having access to them.
Children should never be allowed to have access to paintball guns without direct adult supervision and even them, extreme care should be exercised. A moment of inattention could result in serious injury or death.
CO2 Cartridge Handling and Safety
CO2 cartridges, canisters, and tanks are under high pressure and can explode and cause serious injury or death, especially if exposed to high temperature. Danger increases with temperature. A closed environment, such as a car on a hot day, can quickly lead to dangerous temperatures that create serious risk and danger.
CO2 (carbon dioxide) is a complex chemical compound. Depending on temperature and pressure, the contents of a CO2 cartridge or cannister may be in liquid or gaseous form. Either way, the contents are under considerable pressure and must be properly stored and handled. The pressure is greatly affected by temperature. The higher the temperature, the greater the pressure and the greater the danger.
High temperature and/or pressure can be extremely dangerous.
Use only recommended cartridges and canisters.
Eye protection should be worn when handling CO2 cartridges, canisters, or tanks.
Never expose any part of your body directly to the CO2 gas. Even on a hot day, the CO2 gas is very cold and can cause frostbite type injuries. A sudden release of CO2 can have the same effect as direct impact.
Do not store CO2 or a gun with CO2 in an area of unusually high or low temperature.
High temperature causes increased pressure in the CO2 cartridge.
High temperature can cause the CO2 cartridge to explode and cause injury or death.
High temperature and the increased CO2 pressure can damage equipment.
Never expose CO2 to open flame or high temperatures. Avoid extreme temperatures of any kind.
Do not leave CO2 or loaded guns in direct sunlight.
Do not leave CO2 or loaded guns in a closed environment (such as a closed car or car trunk) where temperatures can rise.
Never attempt to refill a disposable cartridge.
Dispose of empty cartridges safely. Do not expose empty cartridges to high temperature. Even an empty cartridge can explode if exposed to high temperatures.
Never dispose of a tank or cartridge that contains CO2 without first emptying the cartridge. If you are unsure about how to empty the tank or cartridge or how to dispose of it safely, seek the advice of qualified personnel.
Never attempt to repair a CO2 cartridge, tank, or canister that has experienced actual or suspected damage or malfunction.
Never attempt to modify a CO2 cartridge, tank or canister.
Never ship cartridges or canisters that contain CO2. There are strict laws that govern the transportation and shipment of CO2 cartridges and canisters.
Carefully follow all instructions and safety guidelines when using refillable cartridges, tanks, and canisters.
Certain size tanks and canisters require periodic retesting by authorized personnel. Always follow the requirements for testing and repair contained on any tank or canister.
In the event of any question or doubt about the handling of a CO2 cartridge, tank or canister, you should assume it is dangerous and seek the advice of qualified personnel.
Low temperatures can reduce pressure in a CO2 cartridge leading to weak shots.
Rapid-fire shooting causes cooling of the cartridge and gun resulting in reduced pressure, reduced pellet velocity, and reduced shooting accuracy and efficiency.
Signs of reduced CO2 pressure include reduced pellet impact and shots that are not as loud.
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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
child.
4. RAP4 PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy.
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:
| a. |
upload, post, email,
transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person
or entity, including, but not limited to, a RAP4 official, forum leader,
guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; |
| d. |
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service; |
| e. |
upload, post, email,
transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); |
| f. |
upload, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; |
| g. |
upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas (such as shopping rooms) that are designated for such
purpose; |
| h. |
upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; |
| i. |
disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges; |
| j. |
interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| k. |
intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law; |
| l. |
"stalk" or otherwise
harass another; or |
| m. |
collect or store
personal data about other users. |
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:
- With respect to Content you submit or make available for inclusion on
publicly accessible areas of RAP4 Clubs and RAP4 Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing
and promoting the specific RAP4 Club or RAP4 Group to which such Content
was submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will
terminate at the time you remove or RAP4 removes such Content from the
Service.
- With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other
than RAP4 Clubs or RAP4 Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or
made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the
time you remove or RAP4 removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas of
the Service other than RAP4 Clubs or RAP4 Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"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.
9. INDEMNITY
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
of another.
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
Service.
13. TERMINATION
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.
15. LINKS
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:
| a. |
YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. RAP4 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
RAP4 MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAP4 OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
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.
21. NOTICE
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:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other intellectual property
that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
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.
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