Welcome to the Screaming
Eagle Airsoft Web Site. Screaming Eagle Airsoft provides its products to you
subject to the following Terms and Conditions. If you visit and make purchases
at ScreamingEagleairsoft.com (the “Site”) which is operated by Screaming Eagle
Airsoft, you agree to abide by these Terms and Conditions as well as the Screaming
Eagle Airsoft Policies located at www.Screamingeagleairsoft.comTerms and Conditions of Web Site Use
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and
display the Site and the content provided herein for personal use, provided
that you comply fully with these Terms and Conditions of Use. No portion of the
Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without the express written consent of Screaming
Eagle Airsoft. Any unauthorized use terminates the license granted by Screaming
Eagle Airsoft. You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of Screamingeagleairsft.com so long as the
link does not portray Screaming Eagle Airsoft, or their products or services in
a false, misleading, derogatory, or otherwise offensive manner. You may not use
any Screaming Eagle Airsoft logo or other proprietary graphic or trademark as
part of the link without the express written permission of Screaming Eagle
Airsoft.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may
result in criminal and/or civil prosecution under Federal, State and local law.
You may not use the Site for anything other than a lawful and legitimate
purpose. You agree not to use the Site to (i) promote any unlawful activity or
purpose, including without limitation, any activity that could give rise to
criminal or civil liability; (ii) carry out any unauthorized alteration of any
data or information on or supplied by another user of the Site; or (ii) conduct
any activity that infringes on the copyright, patent, trademark, service mark
or other rights of any person or entity. You shall not restrict or inhibit any
other user from using and enjoying any service conducted on the Site. You are
solely responsible for the content of any transmissions you make to the Site or
to any Screaming Eagle Airsoft employee. You agree that you will not send, post
or otherwise publish through the Site, any message, material, user name or
other communication that: (i) is unlawful, offensive, obscene, vulgar,
indecent, pornographic, profane, sexually-oriented, threatening, abusive, false
or misleading with respect to origin or fact, slanderous, libelous or
defamatory; (ii) impersonates any person or entity; (iii) provides personally
identifiable information of any person or entity such as an address or phone
number; (iv) constitutes or encourages the conduct of a criminal offense; (v)
gives rise to liability; (vi) promotes the use of controlled substances; (vii)
causes injury of any kind to any person or entity; (viii) infringes or violates
the intellectual property rights, contract rights, or any other rights of any
third party; (ix) contains harmful or malicious components or code designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; or (x) creates a link to another
site. You agree not to interrupt, or attempt to interrupt, the operation of the
Site in any way. You may not advertise or solicit on or through the Site
without express written permission. You agree that you will not use the Site
for chain letter, junk mail, “spamming,” solicitations (commercial or
non-commercial) or bulk communications of any kind including, but not limited
to, distribution lists to any person who has not given specific permission to
be included in such a list.
3. Usage and Monitoring
Screaming Eagle Airsoft does sell products for children. If you are under 18,
you may use the Site only with involvement of a parent or guardian. Screaming
Eagle Airsoft reserves the right to refuse service, remove or edit content, or
cancel orders in its sole discretion. While Screaming Eagle Airsoft has no
obligation to monitor the Site and is not responsible for the content of any
messages, information or files transmitted on the Site, Screaming Eagle Airsoft
reserves the right to delete and take other appropriate action with respect to
such messages, information or files with which Screaming Eagle Airsoft, in its
sole discretion, deems objectionable or otherwise in violation of these Terms
and Conditions. Screaming Eagle Airsoft further reserves the right, in its sole
discretion and without notice, to deny access to the Site to anyone at any
time.
If you do post or submit photographs, materials or content of any nature (the
“Content”), and unless indicated otherwise, you hereby grant Screaming Eagle
Airsoft a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such Content throughout
the world in any media. You grant Screaming Eagle Airsoft the right to use the
name that you submit in connection with such Content. You represent and warrant
that you own or otherwise control all of the rights to the Content that you
submit; that the Content is accurate; that use by Screaming Eagle Airsoft of
the Content you supply does not violate any rights and will not cause injury to
any person or entity; and that you will indemnify Screaming Eagle Airsoft for
all claims resulting from Content you supply. Screaming Eagle Airsoft respects
the intellectual property of others. If you believe that your material has been
copied in a way that constitutes copyright or trademark infringement, please
notify us immediately.
4. Privacy
Your use of the Site constitutes your consent to Screaming Eagle Airsoft’s privacy
policy posted on the Site which is updated from time to time. You may review
the current Screaming Eagle Airsoft privacy policy at Privacy Policy
5. Copyright Ownership
All content included on this site, including but not limited to drawings, text,
graphics, photographs, logos, and software, and all derivative rights thereof
is the property of Screaming Eagle Airsoft or its content and product suppliers
and is protected by United States and international copyright laws.
Unauthorized copying, reproduction, republishing, uploading, downloading,
posting, transmitting or duplicating any of the material is prohibited. Screaming
Eagle Airsoft, its content and product suppliers do not grant any express or
implied rights to you under any patents, copyrights, trademarks or trade
secrets.
6. Trademark Ownership
Screaming Eagle Airsoft and its related marks and logos are trademarks and/or
service marks of Screaming Eagle Airsoft and are protected by
7. Web Linking
Links may appear on the Site that may be used to link to other web sites. These
links are provided as a courtesy to our visitors. Screaming Eagle Airsoft has
no control over the linked web sites or other materials, information, goods or
services available or contained on these linked sites. Screaming Eagle Airsoft is
not responsible for and does not endorse or guarantee accuracy in any way of such
sites. If you decide to access any of the linked sites, you do so entirely at
your own risk. Screaming Eagle Airsoft reserves the right to terminate any link
at any time.
8. Purchases
All items purchased from Screaming Eagle Airsoft are made pursuant to our
Policies which apply to all orders and can be found at Policy
9. Disclaimer and Limitation of
Damages
(a) Screaming Eagle Airsoft is neither responsible nor liable for any viruses
or other contamination of your computer system or other device used to access
the Site as a result of your use of the Site. The Site (including, without
limitation, all content, software, functions, materials and information made
available or described on the Site or accessed by means thereof) is provided
“as is,” without representations or warranties of any kind, either express or
implied, including, without limitation, any express or implied warranty of
merchantability, fitness for a particular purpose, title, compatibility,
security, accuracy, or non-infringement. Without limiting the foregoing, Screaming
Eagle Airsoft makes no warranty or representation, either express or implied,
that access to or operation of the site will be uninterrupted or error free. In
no event will Screaming Eagle Airsoft, its suppliers, or any other party
involved in creating, producing or delivering the Site’s content be liable for
the truth, accuracy or completeness of any information on the Site, for errors
or mistakes made by humans or machines, or for any actual, special, indirect,
incidental or consequential damages that may arise from the use of, or the
inability to use, the Site and/or the materials and information contained on or
available through the Site.
ADDITIONALLY, PLEASE UNDERSTAND THAT SCREAMING EAGLE AIRSOFT MAKES NO ADDITIONAL
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED HEREIN AND
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THESE PRODUCTS ARE DELIVERED
"AS IS." YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO
YOUR PRODUCTS. IN NO EVENT WILL SCREAMING EAGLE AIRSOFT OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE YOUR PRODUCTS, EVEN IF SCREAMING EAGLE
AIRSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
THE LIABILITY OF SCREAMING EAGLE AIRSOFT OR ANY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, MANUFACTURERS OR DISTRIBUTORS EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR YOUR PRODUCT(S). BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) Any statements and opinions appearing on the Site are those of its authors,
and Screaming Eagle Airsoft assumes no responsibility for such statements and
opinions. Neither Screaming Eagle Airsoft nor its affiliates shall have any
liability arising from your reliance upon the information provided on the Site.
While Screaming Eagle Airsoft makes reasonable efforts to present accurate and
reliable information on the Site, Screaming Eagle Airsoft does not endorse,
approve, or certify such information, nor does it guarantee the accuracy,
completeness, efficacy, timeliness, or correct sequencing of such information.
Any reliance upon any advice, opinion, statement or other information displayed
or distributed through the Site is at your sole risk. Reference herein to any
specific commercial product, process, or service by trade name, trademark,
service mark, manufacturer, or otherwise does not constitute or imply
endorsement, recommendation, or favoring by Screaming Eagle Airsoft. Please use
caution and common sense in making use of any information on the Site or any
other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and
risk of loss resulting from your downloading and/or use of files, information,
other communications, content or other material (including, without limitation,
software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including
email addresses gathered on the Site with outside organizations, we make no
guaranty of confidentiality or privacy of any communication or information
transmitted on the Site or any site linked to the Site. We will not be liable
for the privacy of e-mail addresses, registration and identification
information, disk space, communications, confidential or trade-secret
information, or any other content stored on our equipment, transmitted over
networks accessed by the Site, or otherwise connected with your use of the
Site.
10. Indemnification
You agree to indemnify and hold Screaming Eagle Airsoft and its subsidiaries,
affiliates, officers, directors and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party, due to
or arising out of your use of the Site, violation of these Terms and
Conditions, violation of the Screaming Eagle Airsoft Policies or other
infringement by you, or any other user of your member name, of any intellectual
property or other right of any person or entity.
11. Applicable Laws
Screaming Eagle Airsoft operates the Site from its offices in
Conditions of Use |
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