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[
SERVICE AGREEMENT & TERMS OF USE ]
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THIS
WEB SITE IS OWNED AND PUBLISHED BY PLANET AIRSOFT. PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ENTERING THIS WEB SITE
YOU AGREE TO BE BOUNDED BY THE FOLLOWING TERMS AND CONDITIONS:
Copyright
Planet Airsoft © Copyright 2001, 2002, 2003, 2004, 2005, 2006,
All rights reserved by Planet Airsoft. No part of this site may
be used or reproduced in any manner without written permission of
the author.
Limitation of Liability
The author will not be held liable for any advice or suggestions
given. If the reader chooses to follow a suggestion, it is at his
or her own discretion. Suggestions are only offered to help.
1.
Definitions
"planetairsoft.net"
is the interactive on-line service operated by Planet Airsoft (Planet
Airsoft) on the World Wide Web of the Internet, consisting
of information and interactive services and content provided by
Planet Airsoft, its affiliates and other third parties. "User"
means each person who establishes or accesses a connection ("Account")
for access to and use of planetairsoft.net
2.
General
(a)
This Agreement sets forth the terms and conditions that apply to
the use of planetairsoft.net by User. By using planetairsoft.net
(other than to read this Agreement for the first time), User agrees
to comply with all of the terms and conditions hereof. The right
to use planetairsoft.net is personal to User's Account (under any
screen name or password). User shall be responsible for protecting
the confidentiality of User's password(s), if any. As a result,
User is fully responsible for all actions undertaken under the password(s).
(b) Planet Airsoft shall have the right at any time to change or
discontinue any aspect or feature of planetairsoft.net, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3.
Changed Terms
Planet
Airsoft shall have the right at any time to change or modify the
terms and conditions applicable to User's use of planetairsoft.net,
or any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited
to, posting on planetairsoft.net, or by electronic or conventional
mail, or by any other means by which User obtains notice thereof.
Any use of planetairsoft.net by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications
or additions.
4.
User Conduct
(a)
User shall use planetairsoft.net for lawful purposes only. User
shall not post or transmit through planetairsoft.net any material
which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate
any law, or which, without Planet Airsofts express prior approval,
contains advertising or any solicitation with respect to products
or services. Any conduct by a User that in Planet Airsofts
absolute discretion restricts or inhibits any other User from using
or enjoying planetairsoft.net will not be permitted. User shall
not use planetairsoft.net to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of
users to become Users of other on-line or off-line information services
competitive with planetairsoft.net.
(b)
planetairsoft.net contains copyright material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos and sound, and the entire contents of planetairsoft.net is
owned by Planet Airsoft, its affiliates or licensors and is protected
by copyright and trade mark laws. User may not copy, modify, reproduce,
republish, transmit, distribute, or in any way exploit, any of the
content, in whole or in part without the express written permission
of Planet Airsoft and the copyright owner. User is only authorised
to use the web site and its content for personal, non-commercial
use. In the event of any permitted copying, redistribution or publication
of copyright material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. User acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
(c)
User shall not upload, post or otherwise make available on planetairsoft.net
any material pro tected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of
planetairsoft.net, User automatically grants, or warrants that the
owner of such material has expressly granted Planet Airsoft the
royalty-free, perpetual, irrevocable, non-exclusive right and unrestricted
licence to copy, sublicense, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may
exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use.
User hereby grants Planet Airsoft the rights to edit, copy, publish
and distribute any material made available on planetairsoft.net
by User.
(d)
The foregoing provisions of Section 4 are for the benefit of Planet
Airsoft, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
5.
Disclaimer of Warranty; Limitation of Liability
(a)
User expressly agrees that use of planetairsoft.net is at User's
sole risk. Neither Planet Airsoft, its affiliates nor any of their
respective employees, agents, third party content providers or licensors
warrant that planetairsoft.net will be uninterrupted or error free;
nor do they make any warranty as to the results that may be obtained
from use of planetairsoft.net, or as to the accuracy, reliability
or content of any information, service, or merchandise provided
through planetairsoft.net.
(b)
planetairsoft.net is provided on an "as is" basis without
warranties of any kind, either express or implied, including, but
not limited to, warranties of title or implied warranties of quality
or suitability for a particular purpose, other than those warranties
which are implied by and incapable of exclusion, restriction or
modification under the laws applicable to this agreement.
(c)
This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletions,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or distribution or unauthorised access to, alteration
of, or use of record, whether for breach of contract, tortuous behaviour,
negligence, or under any other cause of action. User specifically
acknowledges that Planet Airsoft is not liable for the defamatory,
offensive or illegal conduct of other users or third-parties and
that the risk of injury from the foregoing rests entirely with User.
(d)
In no event will Planet Airsoft, or any person or entity involved
in creating, producing or distributing planetairsoft.net, be liable
for any damages, including, without limitation, direct or consequential
damages arising out of the use of or inability to use planetairsoft.net.
User hereby acknowledges that the provisions of the section shall
apply to all content on planetairsoft.net
(e)
In addition to the terms set forth above neither Planet Airsoft
nor its affiliates, information providers or content partners shall
be liable regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness of, or unauthenticity
of, the information contained within planetairsoft.net, or for any
delay or interruption to the transmission thereof to the User, or
from any claims or losses arising there from or occasioned thereby.
None of the foregoing parties shall be liable for any third-party
claims or losses of any nature, including, but not limited to, lost
profits, punitive or consequential damages. Neither Planet Airsoft,
nor its affiliates, information providers or content partners warrant
or guarantee the timeliness, sequence, accuracy or completeness
of this information. Additionally, there are no warranties as to
the results obtained from the use of the information.
(f)
This web site may be linked to or from other web sites that are
not maintained by Planet Airsoft. Planet Airsoft does not control
in any respect any information, products or services offered by
such other web sites and shall not be responsible for the content
of such other web sites.
6.
Monitoring
Planet
Airsoft shall have the right, but not the obligation, to monitor
the content of planetairsoft.net, including community areas, to
determine compliance with the Agreement and any operating rules
established by Planet Airsoft and to satisfy any law, regulation
or authorised government request. Planet Airsoft shall have the
right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on planetairsoft.net. Without limiting
the foregoing, Planet Airsoft shall have the right to remove any
material that planetairsoft.net, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
7.
Indemnification
User
agrees to defend, indemnify and hold harmless Planet Airsoft, its
affiliates, licensors and their respective directors, officers,
employees and agents from and against all claims and expenses, including
legal fees, arising out of the use of planetairsoft.net by User
or User's Account.
8.
Termination
Either
Planet Airsoft or User may terminate this Agreement at any time.
Without limiting the foregoing, Planet Airsoft shall have the right
immediately to terminate User's Account in the event of any conduct
by User which Planet Airsoft, in its sole discretion, considers
to be unacceptable, or in the event of any breach by User of this
Agreement. The provisions of Sections 4(b), 4(c), 4(d), 5, 7, 9
and this Section 8 shall survive termination of this Agreement.
9.
Trademarks
planetairsoft.net
and Planet Airsoft and each of their logos are trademarks of Planet
Airsoft. All rights reserved. All other trademarks appearing on
planetairsoft.net are the property of their respective owners. We
recognize that some words, model names and designations, for example,
mentioned in planetairsoft.net are the property of the trademark
holder. We use them for identification purposes only.
10.
Miscellaneous
This
Agreement and any operating rules for planetairsoft.net established
by Planet Airsoft constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all previous
written oral agreements between the parties with respect to such
subject matter. Planet Airsofts failure to exercise or enforce
any right or provision of the Service Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed
by Planet Airsoft in writing. The section headings used herein are
for convenience only and shall not be give any legal import.
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