Terms

Welcome to ProPaintball.com, the full encompassing paintball news, blogging and social networking platform for the world of paintball. By using ProPaintball.com (collectively, including all content and functionality available through ProPaintball.com, and any technology, applications or services that are provided to users, the “ProPaintball Service” or “Site”), you are subject to (1) these Terms of Use (“Terms of Use”), (2) ProPaintball.com’s privacy policy (“Privacy Policy”), and (3) any and all posted rules, guidelines and directions found throughout ProPaintball.com and subsequent service.

PLEASE READ THESE TERMS OF USE CAREFULLY. IN ORDER TO USE THIS SITE YOU MUST SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. If you do not or cannot agree to these Terms of Use, the Privacy Policy or any other rules, guidelines and directions found throughout the site, you may not use ProPaintball.com. In its sole discretion, ProPaintball.com may modify or revise the Terms of Use, Privacy Policy or any other posted rules, guidelines and directions at any time without notice, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

About Us

ProPaintball.com is owned by Mason Brand, a private company registered in California, in the glorious US of A.

Use of the Site

Your access to and use of the Site and of any information contained within it is subject to the Terms of Use. By accessing and using the Site, you accept, without limitation or qualification, the Terms of Use. We reserve the right to change the Terms of Use from time to time without notice, as we deem necessary. We encourage you to review the Terms of Use periodically to check you understand the latest version. Continued use of the Site is deemed to be your acceptance of any changes to the Terms of Use.

Privacy

We will not share your personal details, such as your email, with anybody else without your express permission. The privacy and confidentiality of your personal information is of the utmost importance to us, accordingly we would ask you to read our Privacy Policy to gain a clear understanding of how your personal data will be used.

Non-commercial Use by members

The site is principally for the use of individuals for non-commercial purposes only. Companies, organizations and businesses may not become members and should not use the site without express permission. Commercial proposals are welcome, as are sponsored marketing campaigns, competitions and special offers, however to protect the interests of our members and facilitate the success of every commercial initiative we require that all be managed collaboratively with the marketing team at ProPaintball.com.

Acceptable use

You may only use Our Site in accordance with this Terms of Use Agreement and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the U.S. or in any other jurisdiction from where you access Our Site. In particular, you agree not to access without authority, interfere with, damage or disrupt:

  • any part of Our Site;
  • any equipment or network on which Our Site is stored;
  • any software used in the provision of Our Site; or
  • any equipment or network or software owned or used by any third party.

You may not obtain or attempt to obtain any materials or information from Our Site through any means not intentionally made available to you through Our Site.

Your contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the U.S. and in any country from which they are posted.

Contributions must not:

  • contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
  • promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trade mark or any other right of any other person;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, at our discretion, whether there has been a breach of this Terms of Use Agreement through your use of the Site. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate, including, for example, withdrawing your right to use the Site; removing any posting or material you have uploaded to the Site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

Registration

You will not be able to use the Site properly unless you register with us. By becoming an Account Holder, you agree that we may provide you with information about the Site (whether by e-mail or any other medium) that we consider appropriate. You may opt-out of receiving these materials and notifications in the “settings” area of your account or by e-mailing us to inform us that you wish to be removed from our contact list.

In order to register with us and become an Account Holder, you will be invited to provide a password, a user name and an email. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of ProPaintball.com. If you forget your password then you will be able to reset it using the log-in panel in the sidebar. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone’s account  other than your own at any time.

Indemnification

You agree to indemnify, defend and hold harmless ProPaintball.com, its parent company Mason Brand, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these Terms of Use, including, without limitation, the submission of any inaccurate or incorrect information.

Third parties and third party websites and links

We also may provide links or references on the Site to the websites of other companies, whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving our Site.

Similarly, the Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Mason Brand.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Proprietary rights

The entire contents of our Site are protected by copyright, database rights and other intellectual property rights. The contents of our Site may not be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of EDGE Brand, or any third party.

Written communication and notices

When using our Site, you accept that communication with us will be mainly in electronic format. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us, including any complaints that you might have about the Site, must be sent by email. We may give notice to you at either the e-mail or postal address you provide to us when you become an Account Holder, or in any of the ways specified in the above paragraph.

Content and Limitation of Liability

ProPaintball.com is a technology platform. All views and opinions and knowledge expressed on the site by account holders or visitors are the sole opinions of the account holders or visitors themselves. The owners of ProPaintball.com make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within our Site. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, by any account holders, or by anyone who may be informed of any of its contents.

Furthermore, the Site is provided to you on an “as is” and “as available” basis. You agree that access to and use of the Site and the content available on the Site is at your own risk. To the fullest extent permitted by law, the Site and any individual person connected to the Site and any party involved in creating, producing or delivering the Site hereby exclude:

  • All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of the Site or websites linked to the Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Waiver

If we fail, at any time during the term of your use of the Site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

Sale or Merger

If EDGE Brand is sold to or merges with another company not owned by EDGE Brand, you should expect that some or all of the personal information collected from this Site may be transferred to the buyer/surviving company. If so, EDGE Brand will seek to obligate the acquiring company to use any personal information transferred by this Site in a manner consistent with this Privacy Statement, but cannot guarantee that it will be able to impose that requirement, or that the acquiring company will comply.

If you do not wish the personal information you provide to be subject to this possibility, you should deactivate your membership by notifying us and including “DEACTIVATE” in the subject line or by deleting your account in your account settings in Our Site.

Sever-ability

If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

Fees

Access to and use of this Service is currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future, either for private or commercial account holders. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service.

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of the Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Law and jurisdiction

These terms and conditions and the agreement between you and us will be governed by the United States law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of the Unites States of America.

Copyright ©2015 Mason Brand.