Date of Last Revision: 03 October, 2011
1. Acceptance of Terms
2. Description of the Website
Airsoft Squared SARL ("Airsoft Squared", "us", "we", "our") is a social network designed to connect Airsoft players and communities providing a collection of online resources, including web-based tools for content publication, scenarios and reviews creation, events and groups management, forums, blogs and various email services. Airsoft Squared offers varied functionalities including, but not limited to the ability to register to the Airsoft Squared Services and Website by signing up at airsoft-squared.com; create and manage your online profile; invite friends to register to the Airsoft Squared Services and Website; connect with players; receive wall and email notifications about your friends activity; discover contents through categories, filters and tags; publish and share Airsoft news; create, publish and share playable Airsoft scenarios; create, publish and share equipment reviews; compare reviews and get buying advice from community experts; find teams, associations, fields and retailers in your region; find games and Airsoft-related events in your region; manage and promote local and worldwide games and events; manage and promote groups for teams, fields, brands and medias; interact with players and customers thanks to the blog and forum features; share your contents publicly, or privately with players and teammates and spread them online; get feedback on your contents.
3. Basic Terms
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms or any applicable Additional Terms.
Children under the age of 18 are not permitted to register with Airsoft Squared. It is Airsoft Squared's policy not to collect any information from anyone under the age of 18. The Services are available only to individuals who are at least 18 years old. You may use the Services only if you can form a binding contract with Airsoft Squared and are not a convicted sex offender nor a person barred from receiving services under the laws of France or other applicable jurisdiction. By requesting to use, registering to use and/or using the Services, you represent and warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you have the right, authority and capacity to enter into this Agreement. In any event, you warrant that you are over the age of 18, as the Website is not intended for children under 18. If you are under 18 years of age, do not use or access the Airsoft Squared website at any time or in any manner. If you are the parent or legal guardian of a child under 18, and that child has somehow registered with Airsoft Squared, please send an email to Airsoft Squared for instructions on how to cancel your child's registration. In the email, please include your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. Airsoft Squared reserves the right to seek additional information to verify your identity and status in relation to the child. Airsoft Squared will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
The Services that Airsoft Squared provides are always evolving and the form and nature of the Services that Airsoft Squared provides may change from time to time without prior notice to you. In addition, Airsoft Squared may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other Users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Airsoft Squared will not be responsible or liable for any use of your Content by Airsoft Squared in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
To access and use the Services, you will be required to register by completing a registration form and designating a username and password (together the "Credentials"). Once registered you become a User of Airsoft Squared ("User"). When registering, you agree to provide true, accurate and complete information about yourself (the "Personal Information"), except that you may not want to use your full, actual name for your username. Airsoft Squared is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website. You also agree to update registration information you provide to maintain its truth, accuracy and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to the Website and Services and/or use of the Services (or any portion thereof). You agree not to impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity. Upon validating the form, you will receive an email asking you to click on a link in order to confirm your registration. You are free to modify your Personal Information in your Account Page. You may access your account by entering your username and password.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to reclaim usernames, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website or Services (or any part thereof), immediately and without notice, and remove and discard any of your Content within the Website or Service, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that Airsoft Squared will not be liable to you or any third-party for any termination of your access to the Website or Services. Further, you agree not to attempt to use the Website or Services after such termination.
You are responsible for keeping secure and maintaining the confidentiality of the username and password that you use to access the Services, and are fully responsible for all activities that occur under your account. You agree not to share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Airsoft Squared cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Airsoft Squared on the Services are subject to change. In consideration for Airsoft Squared granting you access to and use of the Services, you agree that Airsoft Squared and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
8. User Conduct
By using or accessing Airsoft Squared, you specifically agree to the following commitments:
- You will not "stalk", bully, intimidate, or harass any User;
- You will not post, upload, use or transmit Content that is harmful for minors, obscene or pornographic, invasive of privacy, threatening, offensive, harassing, abusive, malicious, libelous or defamatory, hateful or otherwise discriminatory (based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, age, etc.), misleading, deceptive, false and misleading or promotes illegal activities, contains gratuitous violence (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.) or is otherwise in breach of your obligations to any person or contrary to any applicable local, state, national or international law or regulation.
2. Account Security
- You will not use or attempt to use an account belonging to someone else;
- You will not request, solicit or obtain financial and personal information, such as credit card numbers, street address or Social Security/National Identity numbers, login information, usernames and passwords;
- You will not impersonate an Airsoft Squared employee, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to Airsoft Squared without authorization. You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Airsoft Squared or to Users.
3. Service Security
- You will not post content or items in an inappropriate category or subcategory on our Websites and Services;
- You will not post, upload, use or transmit Content that contains viruses or other malicious computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Users or otherwise interfere with or disrupt the Websites or Services or servers or networks;
- You will not attempt to probe, scan or test the vulnerability of any Airsoft Squared system or network or breach, impair, remove, circumvent, disable, damage or otherwise interfere with any security-related features or authentication measures protecting the Website and Services or use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
- You will not attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks, to engage in any activity that disrupts, diminishes the quality of, interferes with the proper working of, or impairs the functionality of the Website and Services, such as a denial of service attack or flooding attack. You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts;
- You will not publish or link to malicious content, including malwares and phising, intended to damage or disrupt another User's browser or computer or to compromise a User's privacy.
- You will not post irrelevant Content, repeatedly post the same or similar Content, or otherwise use the Services in a manner that results in unreasonable or disproportionately large load on Airsoft Squared infrastructures and excessive bandwidth, storage or processing usage, as determined by Airsoft Squared;
- You will not use Airsoft Squared as a generic file hosting service.
4. Spam and Abuse
- You will not use manual and automated means (including agents, harvesting bots, robots, data mining tools, scripts, spiders, crawlers, scrapers, or the like) to collect, store or solicit Users' content or information without our permission - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) or "well-behaved" web services/RSS/Atom clients - We reserve the right to define what we mean by "well-behaved".
- You will not use manual and automated means (including agents, harvesting bots, robots, data mining tools, scripts, spiders, crawlers, scrapers, or the like) to access or manage any User's account or to monitor or copy Airsoft Squared (including the code) or the content contained therein without our permission;
- You will not post, upload, use or transmit unsolicited or unauthorized Content, including advertising, marketing activities, contests or promotional materials, advertisement of illegal or controlled products or services, bulk electronic communications, unlawful multi-level marketing such as "pyramid schemes", "junk mail", "spam", "chain letters", or any other form of unsolicited or unwelcome solicitation or advertising that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- You will not send email invitations to non-Users without their consent. You may not send repeat, mass invitations.
5. Copyrights Infringements
- You will not post, upload, use or transmit Content that infringes upon patents, trademarks, trade secrets, copyrights, confidentiality, privacy or other proprietary rights and applicable laws;
- You will not infringe, misappropriate or violate the intellectual property rights or other proprietary rights or contractual rights of third parties' content that you have not personally created or for which you have not obtained the necessary authorizations from third parties or copyright royalty collection organizations who hold the rights to them.
- You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission;
- You will not use the Services in any way that competes with Airsoft Squared.
We do not endorse any persons who use or register on our Website nor any opinions expressed by any Users. Furthermore, due to the difficulty in verifying the identity of users on the Internet, we cannot and do not confirm each User's purported identity. You are solely responsible for determining the identity and suitability of other Users with whom you may connect with through this Website or the Services. Users may provide personal information and information about companies. You understand that Airsoft Squared cannot guarantee the authenticity of any data which Users may provide about these companies, themselves or relationships they may describe.
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, out-of-date or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Airsoft Squared be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Airsoft Squared has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the Content, Website or Service.
Data and media files are continually amended and updated in the Service by multiple contributors to keep the service up-to-date. Airsoft Squared shall not be responsible for any failure to remove, or delay in removing, offensive, harmful, inaccurate, out-of-date or otherwise inappropriate Content within the Airsoft Squared Content originating with or otherwise provided by third parties.
9. User Content and Intellectual Property Rights
Airsoft Squared does not own your Content. You retain your rights to any Content (information, images, photos, video, audio, materials, data, files, programs, ideas, comments and opinions) you submit, post or display on or through the Services. However by submitting, posting or displaying Content on or through the Services, you grant Airsoft Squared, its Affiliates, licensees and successors, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Airsoft Squared to make such Content available to other companies, organizations or individuals who partner with Airsoft Squared for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our Terms and conditions for such Content use. Such additional uses by Airsoft Squared, or other companies, organizations or individuals who partner with Airsoft Squared, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Airsoft Squared does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove content posted by Users (including Content published by you), if properly notified that such content infringes on another's intellectual property rights. Airsoft Squared reserves the right also to terminate a User's account, if repeatedly infringe other people's intellectual property rights. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us. You'll need to provide the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
- A description of all of the copyrighted works that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the Airsoft Squared website, including, a URL of the specific location of the infringing material
- Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and email address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. Airsoft Squared Intellectual Property Rights
The Website and Services are our exclusive property. As a general matter, we grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website and Services, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than your Content and other Users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the "Airsoft Squared Content"), is the exclusive property of Airsoft Squared and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. Airsoft Squared Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Airsoft Squared or Airsoft Squared's licensors. You agree to not use or exploit the Airsoft Squared Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decipher, decompile, disassemble, create derivative works based upon or otherwise alter in part or in full any Airsoft Squared Content or determine the source code of any software or any proprietary algorithm used to provide the Services. All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Airsoft Squared and its licensors.
The Services are protected by copyright, trademark, and other laws of both France and foreign countries. Nothing in the Terms gives you a right to use the Airsoft Squared name or any of the Airsoft Squared trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Airsoft Squared, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
11. Limitations of Liability and Disclaimer of Warranty
WE TRY TO KEEP AIRSOFT SQUARED UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. AIRSOFT SQUARED, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE "AIRSOFT SQUARED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE "AIRSOFT SQUARED PARTIES" ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE WEBSITE. THE AIRSOFT SQUARED PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED , ERROR-FREE, SAFE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT NO "AIRSOFT SQUARED PARTIES" SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY AIRSOFT SQUARED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, REGARDLESS OF WHETHER ANY SUCH AIRSOFT SQUARED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRSOFT SQUARED PARTIES AND YOU. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
As a convenience to you, the Services may contain links to third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Airsoft Squared. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. You acknowledge and agree that we are not responsible or liable for (i) the accuracy, completeness or authenticity of the information contained on such website or resource or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airsoft Squared of such websites or resources or the content, products, or services available from such websites or resources. Under no circumstances will Airsoft Squared be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Website. Airsoft Squared does not provide any warranty as to your use of third-party content or software that you obtain from the Airsoft Squared.
13. Electronic Signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from Airsoft Squared solely through electronic transmission. You agree that, when in the future you click on "I agree", "I consent", "Confirm" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
14. Proof, Retention and Storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, Contents, Information and comments posted, and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
You hereby agree, at your expense, to indemnify, defend and hold Airsoft Squared harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys' fees), and penalty, or other charge (including reasonable attorneys' fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) your Content, (ii) your violation of the Terms or any other policy of Airsoft Squared; (iii) your use of the Website and Services; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
16. Choice of Venue / Law
You agree that Airsoft Squared shall be deemed to be a passive website that is based solely in Sèvres and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than France. You agree that any dispute between you and Airsoft Squared arising out of or relating in any way to these Terms or your use of the Website and Services shall be interpreted in accord with the laws of France, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of France. You also agree that any claim or dispute between you and Airsoft Squared shall be decided exclusively by a court of competent jurisdiction located in France and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
17. Entire agreement