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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
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