This following Website Terms and Conditions Agreement (the “Agreement”) governs your use of the PaintballAccess.com, SportsMediaProductions.com and Paintball-Players.org sites (the “Sites”). Your use of the Sites constitutes your acceptance of this Agreement. We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of any of the Sites after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use any of the Sites.
The entire content and materials contained within the Sites (the “Content”), including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Sites and other intellectual property (the “Content”) are owned by or licensed to SMP Worldwide LLC (“PBA” or “We” or “we” or “our”) to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Sites are either the property of, or used with permission by, PBA. You may not reproduce, republish, transmit, upload, distribute copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with PBA.
The Paintball Access, PBA, Paintballaccess.com, SportsMediaProductions.com, and Paintball-Players.org names and logos are the property of SMP Worldwide LLC. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Sites are Trademarks of their respective owners, whether or not appearing in large print or with the trademark symbol. Nothing contained on the Sites or this Agreement should be construed as granting you any license or right to use any Trademark displayed on the Sites without the written permission of its respective owner. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in this Agreement, is strictly prohibited.
You may use the Sites solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Sites, whether to create or compile a collection, compilation, database or directory, is prohibited absent our prior written consent.
USE, SECURITY, PASSWORD
Not all of the features available on the Sites, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements, which may change over time.
(b) User Identity. Your username and password will be your identity for purposes of interacting with the Sites and other users through the Sites.
(c) Username, Passwords, and Password Access. You must keep your username and password confidential. You may not disseminate your username and password and may use it only in accordance with this Agreement. You must immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Sites. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
You must use Posting in a responsible manner. You must not transmit any message (“Message”) in connection with any Posting that: (i) restricts or inhibits any other user from using and enjoying the Sites; (ii) is unlawful, indecent, threatening, abusive, pornographic, sexually explicit or in any other way inappropriate; (iii) encourages, advocates or constitutes, behavior that would constitute or give rise to a violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Posting.
Although we may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, we are under no obligation to do so and assume no responsibility or liability arising from the content of any Message contained therein. Display of any Message in any Posting does not constitute our approval or endorsement of the Message or its content.
By submitting a Message to the Sites, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and PBA other than pursuant to this Agreement; and (iv) is subject to the grant of rights to PBA described below.
By transmitting any Message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”) you are automatically granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Messages and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain our property. This means that anything submitted by you to paintballaccess.com may be used by PBA for any purpose, now or in the future, without any payment to, or further authorization by, you. We also have the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
SWEEPSTAKES AND CONTESTS
The Sites may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Sites applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in this Agreement.
We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service (“Modular Content”). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service, you agree not to: (1) obscure PBA’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to these Terms.
The Sites may contain links to other services (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services.
COMPLIANCE WITH LAWS/REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of the Sites and such further limitations as may be set forth in any written or on-screen notice from us. By using the any of the Sites, you represent and warrant that you will not use the Sites for any purpose that is either unlawful or prohibited by this Agreement.
DISCLAIMER OF WARRANTIES
THE MATERIAL AND CONTENT OF THESE SITES IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE MATERIAL AND CONTENT OF THESE SITES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITES, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES, OR ANY WEB SITE LINKED TO OR FROM ANY OF THE SITES, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITES) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, YOUR ACCESS, USE OR INABILITY TO USE THE SITES OR ANY WEB SITE LINKED TO OR FROM THE SITES, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SITES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any of the content that you submit, post to or transmit through the Sites, your use of the Sites, your use of any Modular Content, your violation of this Agreement or your violation of any rights of another.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Southern District of California or, for matters not susceptible of adjudication in the federal courts, the courts of the State of California located in San Diego County, in all disputes arising out of or relating to the use of the Sites.
UNITED STATES JURISDICTION
The Sites are operated out of the United States of America. We do not represent that content or materials presented on the Sites are appropriate (or, in some case, unavailable) for use in other locations. If you access the Sites from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Sites.
SEVERABILITY AND INTEGRATION
This Agreement constitutes the entire agreement between you and us and governs your use of the Sites, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Sites changes to this Agreement, or by a subsequent writing signed by us.
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
NO PROFESSIONAL ADVICE
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Sites, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Sites, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Sites, with or without notice and with or without cause. Termination of your access to the Sites means the revocation of the limited and temporary license and permission to use the software and other resources of the Sites we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Sites and of this Agreement. In addition, because the license you grant to us in your Submissions is perpetual, termination of this agreement does not terminate our license to use your Submissions as described elsewhere in this Agreement.
At our option, we may give notices to users of the Sites by posting a message on the Sites, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to Legal@PaintballAccess.com Notices to us by conventional mail must be sent to: SMP Worldwide LLC, 10637 Scripps Summit Court, San Diego, CA 92131. Attn: General Counsel. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.