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Terms and Conditions

 

Live-Paintball.com - TERMS OF SERVICE

IMPORTANT - READ CAREFULLY BEFORE PROCEEDING

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE Live-Paintball.com SERVICES ("Services") PROVIDED BY Live-Paintball.com, INC. ("Live-Paintball.com"). IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEBSITE AND REFRAIN FROM USING ITS SERVICES. BY USING OR ACCESSING THE SERVICE SUBSCRIBER
AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

IF SUBSCRIBER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT Live-Paintball.com IS PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S USE OF THE SERVICE. Live-Paintball.com RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") WE
REQUIRE THAT SUBSCRIBER BE AT LEAST 13 YEARS OLD TO USE Live-Paintball.com'S SERVICES.

1. GRANT OF RIGHTS TO USE SERVICES.

Effective upon acceptance of this Agreement, Live-Paintball.com hereby grants to
Subscriber a personal, nonexclusive, nontransferable, revocable license to access
and use the Services (as defined below), for Subscriber's non-commercial use.

Subscriber shall have no right to sell, resell, reproduce, duplicate, copy,
distribute, create derivative works or exploit for commercial purposes, any
portion of the Services, access to the Services, or use of the Services nor make
any claim that it does have such right.

The services provided by Live-Paintball.com hereunder may allow Subscriber to
perform various online messaging and communications functions (collectively, the
"Services"). Unless explicitly stated otherwise, any new features provided by
Live-Paintball.com that augment or enhance the current Services shall also
constitute "Services" and shall be subject to these terms and conditions.

Subscriber is solely responsible for obtaining all equipment and approvals
necessary for connection to the World Wide Web and all charges associated with
such connection, including but not limited to obtaining a PC and modem or other
access device, having access to the World Wide Web and phone service charges.

2. Live-Paintball.com'S PROPRIETARY RIGHTS.

As between the parties, Live-Paintball.com shall retain all right, title and
interest to the Services including all copyrights, trademarks, patents and all
other intellectual property rights thereto, including without limitation with
respect to all technology and telephone numbers used in connection with or
provided as part of the Services.

Subscriber may not, nor allow any third party to, copy, distribute, sell,
disclose, lend, transfer, convey, modify, decompile, disassemble or reverse
engineer the Services for any purpose whatsoever. Subscriber may not allow any
third party to access the Services for any purpose whatsoever.

The copyright notices and other proprietary legends shall not be removed from the
Services and no right to use any trademark is granted under this Agreement.

Subscriber may not grant any sublicense, lease or other right in the Services to
any third party. All rights not expressly granted under this Agreement are
retained by Live-Paintball.com.

3. SUBSCRIBER REGISTRATION.

Subscriber agrees to provide true, accurate, current and complete data to
Live-Paintball.com upon signing up for the Services and at subsequent times as
requested by Live-Paintball.com.

If Subscriber provides data that is, or that Live-Paintball.com suspects to be,
false, inaccurate, not current or incomplete, Live-Paintball.com has the right to
suspend or terminate Services and refuse any and all current or future use of all
Services, or any portion thereof.

Subscriber acknowledges that Live-Paintball.com may distribute the registration
data to third parties, provided, however, Subscriber's name, address (home and
email) and telephone number will not be distributed, unless required by law, or
in the event Subscriber grants Live-Paintball.com the right to provide that
information.

Subscriber shall maintain and promptly update the registration data as
applicable, including, but not limited to,

Change in address

Change in credit card account status (e.g., closed account, maximum credit use)

Change in expiration date of credit card account

Upon completion of all registration information and acceptance of this Agreement,
Subscriber will receive a password, user ID, and when applicable, a PIN and
telephone number(s).

Subscriber is solely responsible for the maintaining the confidentiality of
Subscriber's password and PIN, and will be responsible for all transactions and
activities that occur as a result of Subscriber's disclosure of such password
and/or PIN, whether or not such transactions and/or activities were authorized by
Subscriber.

Subscriber shall not give account information to third parties and shall at all
times be responsible and liable for any transactions or activities that occur on
Subscriber's account.

Subscriber shall immediately notify Live-Paintball.com if any unauthorized use of
Subscriber's account has occurred or of any other breach of security.


4. TERMINATION.

SUBSCRIBER RIGHTS TO CHANGE OR END THIS AGREEMENT

Subscriber may terminate its rights to receive Services hereunder by providing
written notice to Live-Paintball.com.

If Subscriber terminates its rights to receive Services hereunder in the manner
prescribed above, Subscriber will be billed through the end of the billing cycle
in which such rights are terminated.

Upon any termination of Subscriber's right to receive Services hereunder,
Subscriber shall immediately cease to use the Services and Live-Paintball.com
shall have no further obligations whatsoever to Subscriber.

Any change in Service requested by Subscriber shall be at Live-Paintball.com's
discretion and shall be subject to the provisions of this Agreement.

Live-Paintball.com RIGHTS TO RESTRICT OR END SERVICE OR THIS AGREEMENT

To maintain or improve the Services, to prevent fraud, or for any other reason
determined by Live-Paintball.com, Live-Paintball.com, at its sole discretion, may
restrict, suspend, terminate or modify Subscriber's service with or without
notice. Without limiting the generality of the foregoing, Live-Paintball.com may
restrict, suspend or terminate Subscriber's Services with or without notice for
reasons including, without limitation, if Subscriber:

Incurs charges that cannot be billed
Exceeds any credit limit
Makes a false statement to Live-Paintball.com
Interferes with Live-Paintball.com customer service or other business operations
Becomes insolvent or go bankrupt
Breaches any part of this Agreement
Live-Paintball.com may also do so if:

Subscriber's credit information cannot be verified.
Live-Paintball.com believes or suspects that Subscriber's account is being
misused or used by anyone for unlawful activity.
Live-Paintball.com believes or suspects that the use of Subscriber's account
adversely affects or has the potential to affect service to other customers.
Live-Paintball.com believes or suspects that the use of Subscriber's account
adversely affects or has the potential to affects Live-Paintball.comn's
operations.

Upon any termination in accordance with the foregoing, Live-Paintball.com may
immediately deactivate or delete Subscriber's account and all related information
and files in Subscriber's account, reassign any telephone numbers associated with
the account, and/or bar any further access to such files, information, or the
Services.

Live-Paintball.com shall not be liable to Subscriber or any third party for any
reason for terminating this Agreement or access to Services or for modifying this
Agreement and/or the Services.

5. WARRANTY DISCLAIMER.

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND Live-Paintball.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF
ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. Live-Paintball.com MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.

Live-Paintball.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Live-Paintball.com IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

Live-Paintball.com DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.

Live-Paintball.com DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND Live-Paintball.com WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM Live-Paintball.com, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.

6. LIMITATION OF LIABILITY.

IN NO EVENT SHALL Live-Paintball.com BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. Live-Paintball.com'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

7. INDEMNIFICATION.

Subscriber shall indemnify and hold harmless Live-Paintball.com, its directors,
officers, employees and agents from and against all liabilities, losses, costs,
expenses (including reasonable attorneys' fees), and damages resulting from any
negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use
of the Services and/or any breach of the terms and conditions of this Agreement
by Subscriber.

8. INTERNATIONAL USE

Live-Paintball.com makes no representation that materials on its web site(s) are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Subscriber agrees to comply with all applicable foreign and domestic laws, rules
and regulations regarding the transmission of technical data exported from or
imported to the United States or the country in which Subscriber resides.
9. MODIFICATION TO SERVICES.

During the term of this Agreement, Live-Paintball.com may modify or discontinue
the Services at any time and with or without notice to Subscriber.

Without limiting the generality of the foregoing, Live-Paintball.com may, from
time to time, with or without notice and at its sole discretion, establish or
change various practices, limitations and restrictions for administering such
Services, including without limitation: (a) how often all or a part of the
Services or account may be accessed; (b) the duration of any access; (c) the
maximum number of days that messages or postings will be retained; (d) the
maximum number of messages or postings allowed; (e) the size and nature messages
and postings; (f) the maximum storage space available for an account; and (g) any
other matter related to the administration of the Services;.

Subscriber agrees that Live-Paintball.com shall not be responsible or liable in
any way for deactivation or deletion of accounts or for loss of emails, audio
clips, voice mails, uploads, communications, postings, data or information as a
result of, or arising out of, administration of the Services, whether or not
Subscriber is given prior notice thereof.

Live-Paintball.com may delete accounts that are inactive for an extended period
of time.

Live-Paintball.com shall not be liable to the Subscriber or any third party for
any reason for Live-Paintball.com modifying or terminating the Services, in whole
or in part.

Subscriber is responsible for creating a back-up copy of any important or
critical information that is stored on the Services. Live-Paintball.com shall not
be responsible or liable in any way for any information or data loss in
connection with the Services.

10. MODIFICATION TO AGREEMENT.

Live-Paintball.com reserves the right to change the terms and conditions of this
Agreement, by posting a revised version of the Agreement at Terms of Service or
its successor site.

Use of the Services signifies Subscriber's agreement to all terms, conditions and
notices contained or referenced herein. Continued use of any part of the Services
following the posting of any changes to this Agreement constitutes acceptance of
those changes, and all changes shall thereupon become binding upon the
Subscriber.

If Subscriber does not agree to the changes, Subscriber shall immediately cease
all use of the Services.

11. RULES AND REGULATIONS

Subscriber shall be solely liable for any transmissions sent through the Service.
Live-Paintball.com has no control over the content of any transmission nor will
it be liable for such content.

Subscriber shall not use the Services to create or distribute any images, sounds,
messages or other materials, which are obscene, harassing, racist, malicious,
fraudulent infringing or libelous, nor use the Services for any activity that may
be considered or are unethical, immoral, violative of any third party's rights,
or illegal.

Further, Subscriber will abide by all rules, regulations, procedures and policies
of Live-Paintball.com and any policies of the networks connected to the Services.
Subscriber agrees to abide by all applicable local, state, national, foreign and
international laws and regulations and is solely responsible for all acts or
omissions that occur under Subscriber's account or password, including the
content of Subscriber's transmissions through the Service. By way of example, and
not as a limitation, Subscriber agrees not to:

Use the Service in connection with chain letters, junk email, voice mail, faxes,
spamming or any duplicative or unsolicited messages (commercial or otherwise);

Harvest or otherwise collect information about others, including email addresses,
without their consent;

Create a false identity or forged email address or header, or otherwise attempt
to mislead others as to the identity of the sender or the origin of the message;

Transmit through the Service unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature;

Transmit any material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of publicity;

Transmit any material that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs;

Violate any U.S. or foreign law regarding the transmission of technical data or
software exported through the Service;

Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks;

Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means;

Interfere with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.

Live-Paintball.com is under no obligation to monitor the information or content available or transmitted through the Services. Subscriber agrees that Live-Paintball.com shall have the right, but not the obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this Agreement or is otherwise objectionable. Subscriber acknowledges and agrees that Live-Paintball.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process
Enforce this Agreement
Respond to claims that any Content violates the rights of third-parties
Protect the right, property, or personal safety of Live-Paintball.com, its users
and the public.


Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Live-Paintball.com. Such information shall be deemed nonconfidential and Live-Paintball.com assumes no obligation to protect such information from disclosure. The submission of such information to Live-Paintball.com shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Live-Paintball.com for any purpose whatever. Live-Paintball.com shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against Live-Paintball.com for
alleged infringement or misappropriation in connection with any information or materials submitted to Live-Paintball.com hereunder.

12. ELECTRONIC TRANSACTIONS

Subscriber agrees that by entering into transactions with Live-Paintball.com, Subscriber affirms consent to receive all information, copies of agreements and
correspondence ("Documents") from Live-Paintball.com in an electronic format, and to also send information to Live-Paintball.com in an electronic format, either through Subscriber's account or via email, at Live-Paintball.com's discretion. Subscriber agrees to treat any such electronic Documents received from Live-Paintball.com or sent to Live-Paintball.com as being legally equivalent to any "written" information Subscriber would receive or send in print or by postal mail. Subscriber's transactions with Live-Paintball.com indicates that Subscriber agrees to treat all electronic Documents received from or sent to Live-Paintball.com as having full legal enforceability and legal effect. In any situation where Subscriber's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record. Without limiting the foregoing, the parties agree that if Subscriber enters the username of Subscriber's account, and enters the PIN number or password associated with the account, such process shall constitute a legally-binding signature by Subscriber. Subscriber acknowledges and agrees that Live-Paintball.com will not be responsible for Subscriber's failure to receive any electronic Documents, and in the event Subscriber is expecting to receive some electronic Documents that in fact Subscriber does not receive, Subscriber
will notify Live-Paintball.com immediately. Subscriber further acknowledges and agrees that Subscriber's responsibilities or the methods by which Live-Paintball.com sends Subscriber electronic Documents may be altered from time to time, at Live-Paintball.com's discretion, and Live-Paintball.com will give Subscriber advance notice of such changes. Subscriber agrees that Subscriber will take all reasonable measures to protect the security and confidentiality of all PINs, usernames and passwords issued hereunder and will inform Live-Paintball.com immediately if Subscriber discovers that any of these items have been given out (intentionally or accidentally) to other people.

Subscriber agrees that Subscriber will review Subscriber's transaction(s)
carefully prior to accepting them and that once Subscriber accepts any
transaction, it will be final, binding upon Subscriber and unchangeable in any
way.

13. BILL PAYMENT.

Subscriber shall be required to pay monthly subscription charges and enhanced
service charges in connection with the Services, as stated by Live-Paintball.com.
There may be additional fees if Subscriber requests a change in any Services.
Depending upon the level of Services selected by Subscriber, there may be charges
for calls to or from certain locations, including without limitation payphones,
and areas within extended calling zones. There may also be applicable taxes,
surcharges, assessments, government fees and charges for any special or enhanced
services Subscriber uses. Any of the foregoing may be billed to Subscriber when
they reach a limit as Live-Paintball.com determines at its sole discretion.
Live-Paintball.com bills subscription charges and charges for certain enhanced
Services in advance. Subscriber will pay Live-Paintball.com for all charges
billed to Subscriber's account, whether or not Subscriber was the user of the
account. Subscriber has the right to dispute charges on Subscriber's bill, but
only if Subscriber notifies Live-Paintball.com of the dispute within thirty (30)
days after the applicable billing date. If Subscriber fails to notify
Live-Paintball.com of any dispute within such thirty (30) day period, Subscriber
shall have irrevocably waive the right to dispute any such charge. Subscriber
must pay all charges on time until the dispute is resolved. If the dispute is
resolved in Subscriber's favor, Live-Paintball.com will refund the disputed
amounts to Subscriber.

Live-Paintball.com will charge Subscriber the rates in effect under Subscriber's
subscription plan, plus any enhanced service charges at the time of subscription,
as such rates may be updated by Live-Paintball.com from time to time. Some
charges (such as, but not limited to, surcharges) may accumulate in Subscriber's
account before Subscriber is charged for such amounts, or such amounts may be
charged to Subscriber as assessed. If Subscriber has enrolled in a then-current
subscription plan and chooses to change the plan, and if there are one or more
days remaining on Subscriber's current subscription, Subscriber will be credited
for those days in the calculation of Subscriber's charges. Subscriber's billing
cycle starts on the day the subscription purchase is successfully processed. If
there is a change in subscription plan, there may be a resulting change in
Subscriber's billing date.

Purchase and use of "a la carte" minutes are only valid in conjunction with a
current, paid-up subscription. Live-Paintball.com will not offer any refunds or
reimbursements for the purchase price of "a la carte" minutes. Unused minutes
expire six (6) months after the date of purchase, and may not be transferred.
Usage of minutes is billed in one (1) minute increments. For example, one (1)
minute is deducted for a forty nine (49) second call. Outbound calls, including
but not limited to Live-Paintball.comMe calls, are billed at two (2) times the
applicable per minute usage. Minutes are deducted for all calls, inbound and
outbound. Surcharges for extended calling zones are in addition to, not in lieu
of, having minutes deducted from Subscriber's account. "A la carte" minutes are
billed at the time of purchase.

If Subscriber changes Subscriber's Services from a billed plan to a free plan,
Subscriber will be billed through the end of the billing cycle in which such a
change is made.

Subscriber agrees that all payments will be made to Live-Paintball.com via credit
or debit card, issued by a US bank, including MasterCard®, VISA®, American
Express® or Discover®. Live-Paintball.com may change the credit cards accepted at
any time, at its sole discretion. Subscriber's name and address as it appears on
Subscriber's Live-Paintball.com account must also be on the credit account from
which Payment is made. If Subscriber provides a credit card number that
Live-Paintball.com accepts for payment of Subscriber's monthly bills, Subscriber
is authorizing Live-Paintball.com to charge the amounts Subscriber owes, then or
later, to that credit card account and to demand immediate payment from the card
issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement
with the card's issuer, the amounts charged to Subscriber's credit card. Every
time Subscriber uses Live-Paintball.com Services, Subscriber re-affirms that
Live-Paintball.com is authorized to charge Subscriber's card. Subscriber agrees
to authorize Live-Paintball.com to charge purchases made online to the credit
card account supplied to Live-Paintball.com when the subscription was initiated,
or the card that Live-Paintball.com has on file when the purchase is made.
Subscriber agrees to pay all costs and expenses, including without limitation
attorney's fees, incurred by Live-Paintball.com to collect any monies due under
terms of this Agreement.

14. AFFILIATE FEES

Live-Paintball.com offers an "Affiliate Program" to reward those who refer new
clients to Live-Paintball.com. Subscriber agrees that Live-Paintball.com reserves
the right to determine through its own means who, if anyone, gets "credit" for a
new client. Subscriber agrees that Live-Paintball.com may change its Affiliate
Program at any time without warning or notification including but not limited to
payment method, payment schedule, payment "levels", payment calculations,
reporting methods. Subscriber agrees that Live-Paintball.com may cancel the
affiliate program at any time without warning or notification. Live-Paintball.com
may use any manual or automated methods it desires to determine who a new member
was referred by including but not limited to manual entry, special links,
date-limited "cookies", session "cookies", or special pages. Subscriber agrees
that regardless of the method chosen by Live-Paintball.com, it is likely that the
actual number of referrals will be higher than the credited number of referrals
made due to various inefficiencies in tracking technology and Subscriber further
agrees to use Live-Paintball.com's count. Subscriber agrees that Subscriber will
keep Live-Paintball.com informed of all postal address and e-mail address changes
for the Subscriber. Subscriber may appeal the amount of a payment withint 30 days
of a payment being sent and may request investigation into a missing payment
within 30 days of when Live-Paintball.com should have sent the payment under the
current Affiliate program rules.Subscriber agrees that if a Subscriber's
membership is terminated for any reason, Subscriber forfeits all rights to future
affiliate payments.

15. THIRD PARTY ADVERTISER.

Subscribers may enter into transactions with advertisers on the Services.

Such transactions shall be between Subscriber and advertisers and
Live-Paintball.com shall have no responsibility or liability in connection with
any such transaction or the information, goods or services provided by any such
advertiser.

16. GENERAL.

This Agreement, including any documents incorporated herein by reference, merges
all prior written and oral communications and defines the entire agreement of the
parties concerning the Services.

In the event any portion of this Agreement shall be held illegal, void, or
ineffective, the remaining portions hereof shall remain in full force and effect
and such illegal, void or ineffective provisions shall be construed, as nearly as
possible, to reflect the intentions of the parties.

All notices under this Agreement shall be in writing and delivered by email or in
writing.

This Agreement shall be construed in accordance with the laws of the State of
Colorado without regard to its conflict of law provisions. Each party submit to
the exclusive jurisdiction of the state and federal courts located in Colorado,
and irrevocably waive any right that such party may have to assert the such forum
is not convenient or that any such court lacks jurisdiction.

Subscriber agrees and acknowledges that any breach of the provisions regarding
ownership contained in this Agreement shall cause Live-Paintball.com irreparable
harm and Live-Paintball.com may obtain injunctive relief as well as seek all
other remedies available to Live-Paintball.com in law and in equity.

Subscriber shall not transfer or assign this Agreement or Subscriber's rights
under this Agreement. Any purported transfer or assignment in violation of this
section is void. Subject to the foregoing, this Agreement shall be binding on and
inure to the benefit of the parties, their successors, permitted assigns and
legal representatives.

The failure of Live-Paintball.com to exercise its rights under this Agreement
will not be construed as a waiver of such rights, nor will it in any way affect
the validity of this Agreement. The provisions of this Agreement relating to
intellectual property ownership, restrictions on use or disclosure of the
Services, disclaimers of warranties, limitations of liability and indemnification
shall survive termination or expiration of this Agreement for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to this license
of the Services to Subscriber.

The section titles in this Agreement are for convenience only and have no legal
or contractual effect.

IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.

IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB PAGE

 

 

 

 

 

 

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