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TERMS AND
CONDITIONS FOR USE OF THE AIRGUNSMITH WEBSITE You must be 18 years of age or older to use any and all interactive features of this website! |
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| (1) |
By accessing this
Website, you agree to be bound by the terms and conditions appearing in this
document and you accept our Privacy Policy which is available here. If
there is anything you do not understand please email any enquiry to
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| (2) |
In these terms
and conditions "We/us/our/Airgunsmith" means The
www.airgunsmith.com
"Website" means the website located at www.airgunsmith.com (or any
subsequent URL which may replace it) and all associated websites and micro
sites of Airgunsmith and "You/your" means you as a user of the Website.
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| (3) |
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
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| (4) |
You agree not to attempt any unauthorized access to any part or component of
the Website; and You agree that in
the event that you have any right, claim or action against any Users arising
out of that User's use of the
Website, then you will pursue such right, claim or action independently of
and without recourse to us.
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| (5) |
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL
CLAIMS, LIABILITY, DAMAGES, LOSSES,
COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF
ANY BREACH OF THE CONDITIONS BY YOU
OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE
BY ANY OTHER PERSON ACCESSING THE
WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
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| (6) |
We reserve the right to modify or withdraw, temporarily or permanently, the
Website (or any part of) with or
without notice to you and you confirm that we shall not be liable to you or
any third party for any
modification to or withdrawal of the Website.
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| (7) |
We may alter these terms and conditions from time to time, and your use of
the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
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| (8) |
The Website is subject to constant change. You will not be eligible for any
compensation because you cannot use
any part of the Website or because of a failure, suspension or withdrawal of
all or part of the Website.
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| (9) |
We are not responsible for the availability of any external sites or
resources, and do not endorse and are not responsible or liable, directly or
indirectly, for the privacy practices or
the content (including
misrepresentative or defamatory content) of any third party websites,
including (without limitation) any
advertising, products or other materials or services on or available from
such websites or resources, nor for
any damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on
any such content, goods or services available on such external sites or
resources.
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| (10) |
We have the right, but not the obligation, to monitor any activity and
content associated with the Website. We
may investigate any reported violation of these Conditions or complaints and
take any action that we deem
appropriate (which may include, but is not limited to, issuing warnings,
suspending, terminating or attaching
conditions to your access and/or removing any materials from the Website).
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| (11) |
You acknowledge and agree that the material and content contained within the
Website is made available for your
personal non-commercial use only and that you may download such material and
content onto only one computer
hard drive for such purpose. Any other use of the material and content of
the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to)
copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create derivative works of such
material and content.
The Website is Copyright, By www.airgunsmith.com All rights reserved.
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| (12) |
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE
ACCURACY OF ANY INFORMATION PERSONS PLACE ON
THE WEBSITE.
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| (13) |
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT ANY REPRESENTATION OR
ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A
PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED BY OTHER PERSONS NOT OF AIRGUNSMITH ON OUR BEHALF (INCLUDING FREE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
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| (14) |
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR
PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
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| (15) |
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY
WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
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| (16) |
When we sell we will be selling on eBay with the user name airgunsmith.
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Shipping
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| (17) |
When Airgunsmith Ships to foreign destinations outside the United States,
Airgunsmith will
only ship using the United States Postal Service this is without Exception
and non-negotiable, each
individual package shall have no greater value then $1000.00 US including
shipping. See Shipping to foreign destinations
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| (18) |
You as the Owner/Buyer/Purchaser may provide/arrange for shipping as long
as you
the Owner/Buyer/Purchaser
agree to the above & below paragraphs (17) (18) (19) & (20) and the Limitation of Liability in its entirety paragraphs (21) (22) (23) See Shipping to foreign destinations
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| (19) |
If you the
Owner/Buyer/Purchaser
arrange for shipping all responsibilities of the
shipment from the point of pick up by the forwarder or shipper of your
choice is your responsibility, as the shipper
Owner/Buyer/Purchaser
and the shipper of
your choice release Airgunsmith and its agents of any further responsibility
of any and all items committed
to
or included in said
shipment. If any cost are incurred by airgunsmith or its agents of said
shipment including but not limited to shipment, handling, forwarding, pick
up or delivery, you as the Shipper/
Owner/Buyer/Purchaser
are responsible for
total reimbursement to Airgunsmith or its agents, If total
reimbursement is denied or failure to reimburse airgunsmith and or it agents
for any and all cost incurred
all goods and or chattels held by airgunsmith its agents or acting agents
shall be held by airgunsmith its agents or acting agents until such a time
that full reimbursement of said cost have been satisfied by you the shipper/
Owner/Buyer/Purchaser, if after a
reasonable amount of time has passed but no more then 30 days from the date
of first payment request from your
forwarder or your shipper
and total reimbursement is denied all
goods and or chattels held by airgunsmith its agents or acting agents will
be sold or liquidated to recover all cost incurred including but not limited
to shipping, handling, transferring, loading, unloading, handling, storing and
liquidating such goods and or chattels. If
goods and or chattels held by airgunsmith are to be put into storage
the storage fees charged are to be 10% less then the maximum amount allowed by law. |
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| (20) |
Any fees due package
that is left
unclaimed or fees due shipping returned to airgunsmith with postage/shipping
/Handling fees due to airgunsmith or acting agents with shipping and handling fees due
prior to return to airgunsmith or shipping fees / handling fees due
after receipt of returned shipment that has been arranged by you the
Shipper/Owner/Buyer/Purchaser
all items returned to airgunsmith shall become the property of Airgunsmith
to cover the cost of shipping, handling and storage fees of unclaimed or
returned goods or a payment of equal value
of (fees due)
must
be remitted to airgunsmith to cover all cost incurred in retrieving
unclaimed and or returned or stored goods, and in addition to
cost of shipping, handling and
storage fees of unclaimed or returned goods a handling fee of no less
then $10.00 per each item nor no more then $30.00 per each item if items must be
Handled, Picked up, Stored, Inspected, Re-packed Delivered Stored or Shipped.
In addition to the above mentioned fees if any cost are incurred buy
Shipping, Forwarding, Motor Carriers, Freight
Carriers all cost must be paid by you
the Shipper/Owner/Buyer/Purchaser
prior to release of said
shipping/freight
to you. If after all agreements cost and fees have been satisfied by you the
Owner/Buyer/Purchaser
and you would like the items shipped a second time all shipping packing and
handling fees/cost must be paid up front and packages Clearly marked, DO NOT RETURN IF PACKAGE IS UN-DELIVERABLE.
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Limitation of Liability
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| (21) |
You will not hold Airgunsmith
responsible for other users content, actions or inactions WE WILL NOT BE LIABLE, IN CONTRACT Or TORT (INCLUDING, NEGLIGENCE), PRE-CONTRACT OR OTHER. PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
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| (22) |
We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website
through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under
English law where or insofar as such rights cannot be derogated from by
contract.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our
negligence or that of our servants, agents or employees.
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| (23) |
If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions. Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision. These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
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RULES FOR THE USE OF AIRGUNSMITH FORUMS
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| (24) |
As a user of Airgunsmith forum, chat room or message board ("Online Services") you confirm that you have read, understand and agree to these Rules, Airgunsmith' Terms and Conditions Of Use of its website and you agree to the terms of Airgunsmith' Privacy Policy. If you do not agree, do not use Airgunsmith Online Services, or if you are already using Airgunsmith Online Services, please stop immediately. Airgunsmith' Online Services are not actively monitored and Airgunsmith is not responsible for the content of any messages that are posted. Airgunsmith has the right, but not the obligation, to monitor any activity and content associated with the Online Services. Airgunsmith does not vouch for or warrant the accuracy, completeness, or usefulness of any message. The messages express the views of the author of the message, not the views of Airgunsmith. Airgunsmith reserves the right, in its sole discretion, to edit, delete, or refuse to post any message or thread for any reason whatsoever. Any user who feels that a posted message is objectionable should contact Airgunsmith by sending an email.
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| (25) |
You agree that you will not upload, post, email or otherwise transmit any
material that may infringe any person
or entity's intellectual property rights (including patents, trademarks,
trade secrets, copyright or other
intellectual or other property right).
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| (26) |
You agree not to upload, post, email or otherwise transmit any material
which (a) is defamatory, libelous,
disruptive, threatening, invasive of a person's privacy, harmful, abusive,
harassing, obscene, hateful, or
racially, ethnically or otherwise objectionable; or that otherwise violates
any law, (b) contains software
viruses or any other computer codes, files or programs designed to
interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications
equipment, (c) may infringe any person
or entity's intellectual property rights (including patents, trademarks,
trade secrets, copyright or other
intellectual or other property right). By posting any material, you confirm,
represent and warrant that you
have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.
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| (27) |
Without Airgunsmith' written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters. Postings to Online Services become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return. Airgunsmith reserves the right to issue warnings, suspend or terminate the registration of users who refuse to comply with these rules. Airgunsmith may modify these rules from time to time and such modifications will be effective and binding on you when posted online. You will remain solely liable for the content of any messages or other information you upload or transmit.
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| (28) |
By using Airgunsmith' Online Services, you grant
Airgunsmith the
royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right and license to use, reproduce,
modify, edit, adapt, publish,
translate, create derivative works from, distribute, perform and display the
content you post to publicly
accessible areas of the Airgunsmith site.
Airgunsmith may investigate any reported violation of its policies or
complaints and take any action that it
deems appropriate. Such action may include, but is not limited to, issuing
warnings, removing posted content
and/or reporting any activity that is suspects violates any law or
regulation to appropriate law enforcement officials, regulators, or other
third parties. Recognizing the global reach of the internet, you agree to
comply with all local rules regarding online conduct and acceptable content.
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| (29) |
IF YOU DO NOT AGREE TO THESE “TERMS OF USE” IN THEIR ENTIRETY YOU MAY NOT CONTINUE TO USE THIS SITE.
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| Airgunsmith Copyright 2009 | |||
