[ SERVICE AGREEMENT & TERMS OF USE ]

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 Airsoft’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Planet Airsoft’s 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 Airsoft’s 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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