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Acceptance of Contract Terms. The following are terms of a legal agreement between you and GunToy's Inc..COM, INC., an Oregon corporation ("GunToy's Inc."). By accessing, browsing and/or using this website ("Site"), you acknowledge that you have read, understand and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by GunToy's Inc. from its offices within the United States. GunToy's Inc. makes no representation that any of the materials located on or linked to the Site are appropriate or available for use in other locations, and access to such materials from countries or territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Oregon. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Use Restrictions. The copyright in all material provided on this Site is held by GunToy's Inc. or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of GunToy's Inc. or the copyright owner, which consent may be withheld at GunToy's Inc.'s or the copyright owner’s sole discretion. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify, copy, reproduce, republish, transmit or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without GunToy's Inc.’s express prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Trademarks. The trademarks, service marks and logos (collectively, the "Trademarks") used and displayed on this Site are registered and/or unregistered Trademarks of GunToy's Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. GunToy's Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The name of GunToy's Inc..COM, any GunToy's Inc. logo or any other Trademark may not be used in any way, including placement in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. GunToy's Inc. strictly prohibits use of the Site as a "hot" link to any non-GunToy's Inc. site unless establishment of such a link is approved in advance by GunToy's Inc. in writing. Disclaimer. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GunToy's Inc. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ANY FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER VIOLATION OF INTELLECTUAL PROPERTY RIGHTS. GunToy's Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF, THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GunToy's Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF GunToy's Inc. OR A GunToy's Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnification. Upon request by GunToy's Inc., you agree to defend, indemnify and hold harmless GunToy's Inc. and its subsidiary and other affiliated companies and their employees, contractors, officers and directors from any and all liabilities, claims and expenses, including reasonable attorney fees, that may arise from your use or misuse of the Site. GunToy's Inc. reserves the right, at its own expense, to assume the exclusive control and defense of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with GunToy's Inc. in asserting any available defenses. Transmissions. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by GunToy's Inc. or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. Revisions to Terms of Use. GunToy's Inc. may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. |
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