Terms and Conditions
This is the Web site of NICHE PAINTBALL, LLC.
Our main office is located at:
9311 Narnia Drive
Riverside, CA 92503
Welcome to nichepaintball.com. We can be reached by e-mail as follows:
firstname.lastname@example.org for general site issues, Digital Millennium Copyright Act or law enforcement issues, privacy related issues, and spam or other similar issues or problems
” NICHE PAINTBALL ” is the interactive online service operated by Niche Paintball, LLC. on the World Wide Web of the Internet, consisting of information services, content and products provided by Niche Paintball, LLC., affiliated companies and third parties.
(A) This NICHE PAINTBALL End User Agreement (the “Agreement”), sets forth the terms and conditions that apply to use of nichepaintball.com by each end user thereof (“End User”, “Customer”) and of products and services sold by Niche Paintball, LLC. (“Seller”) and purchased or used by “End User” or “Customer”. By using nichepaintball.com (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use nichepaintball.com is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User shall be fully responsible for the use of nichepaintball.com by any other person it permits to access nichepaintball.com.
(B) PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU (“CUSTOMER”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING A NICHE PAINTBALL, LLC. (“SELLER”) AFFILIATE IDENTIFIED ON THE INVOICE, STATEMENT OF WORK OR OTHER NICHE PAINTBALL, LLC. DOCUMENTATION TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON NICHEPAINTBALL.COM WEBSITE OR MOBILE APPLICATION DOES NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.
(C) NICHE PAINTBALL shall have the right at any time to change or discontinue any aspect or feature of nichepaintball.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. CHANGED TERMS
NICHE PAINTBALL shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of nichepaintball.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on nichepaintball.com, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of nichepaintball.com by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions, unless the End User notifies NICHE PAINTBALL, LLC. in writing that it has terminated this Agreement within five (5) business days of receipt by the End User of such notice, in which case the End User’s conduct shall be deemed governed by the Agreement without such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of nichepaintball.com and all charges related thereto.
5. END USER CONDUCT
(A) End User shall use nichepaintball.com for non-commercial, lawful purposes only. End User shall not post or transmit through nichepaintball.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without NICHE PAINTBALL’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in NICHE PAINTBALL’ discretion restricts or inhibits any other End User from using or enjoying nichepaintball.com will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) nichepaintball.com or its computer network to make unauthorized entry to any other machine accessible via nichepaintball.com or its computer network and (4) use of nichepaintball.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of nichepaintball.com to become users of other on-line services competitive with nichepaintball.com. Without limiting any other rights or remedies of nichepaintball.com violations of the foregoing may result in removal of violative communications and/or early termination of the End User’s access to nichepaintball.com.
(B) nichepaintball.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of nichepaintball.com are copyrighted as a collective work under the United States copyright laws. NICHE PAINTBALL, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of NICHE PAINTBALL, LLC. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on nichepaintball.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of nichepaintball.com. End User automatically grants, or warrants that the owner of such material has expressly granted NICHE PAINTBALL, LLC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. Please note that NICHE PAINTBALL, LLC. does not want to receive confidential information from any End User and any information received will be deemed NOT to be confidential.
(D) The foregoing provisions of Section 5 are for the benefit of NICHE PAINTBALL, LLC. and each of their affiliated companies and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) END USER EXPRESSLY AGREES THAT USE OF NICHEPAINTBALL.COM IS AT END USER’S SOLE RISK. NEITHER NICHE PAINTBALL AND EACH OF THEIR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “NICHE PAINTBALL PARTIES”) WARRANT THAT NICHEPAINTBALL.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NICHEPAINTBALL.COM OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH NICHEPAINTBALL.COM. (B) NICHEPAINTBALL.COM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT NICHE PAINTBALL, LLC. ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL NICHE PAINTBALL, LLC. OR THEIR RELATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NICHEPAINTBALL.COM. NICHEPAINTBALL.COM SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NICHEPAINTBALL.COM. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON NICHEPAINTBALL.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER NICHE PAINTBALL, LLC., NOR THEIR RELATED PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN NICHEPAINTBALL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE NICHE PAINTBALL, LLC. PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE NICHEPAINTBALL.COM SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER’S USE OF NICHEPAINTBALL.COM AND RETAINED BY NICHE PAINTBALL, LLC. OR (B) ONE HUNDRED DOLLARS ($100).
(F) IN NO EVENT SHALL NICHE PAINTBALL, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF IT’S PRODUCTS.
(H) AT THE TIME OF SHIPMENT TO “CUSTOMER”, ALL PRODUCTS MANUFACTURED BY NICHE PAINTBALL, LLC. AND PURCHASED BY “CUSTOMER” ARE WARRANTED TO BE SUBSTANTIALLY FREE FROM DEFECTS IN MATERIAL WORKMANSHIP AND TO CONFORM TO NICHE PAINTBALL, LLC. SPECIFICATIONS APPLICABLE TO THE PRODUCT. TERMS OF THE WARRANTY POLICY AND LIMITED WARRANTY ARE LOCATED AT WARRANTY (http://nichepaintball.com/company/warranty).
(G) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, NICHE PAINTBALL, LLC., liability is limited to the greatest extent permitted by law.
NICHE PAINTBALL, LLC. shall have the right, but not the obligation, to monitor the content of NICHEPAINTBALL.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by NICHE PAINTBALL and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, NICHE PAINTBALL shall have the right to remove any material that NICHE PAINTBALL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
(A) End User agrees to defend, indemnify and hold harmless NICHE PAINTBALL, LLC., and their affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of NICHEPAINTBALL.COM by End User, except to the extent such claims and expenses arise directly out of the negligence of NICHE PAINTBALL, LLC.
(B) You (“End User”) agree to indemnify, defend and hold Niche Paintball, LLC., and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any culpable breach by you of these terms and conditions of use. Niche Paintball, LLC. reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ballard’s defense of such claim.
Either NICHE PAINTBALL, LLC. or End User may terminate this Agreement at any time. Without limiting the foregoing, NICHE PAINTBALL, LLC. shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which NICHE PAINTBALL, LLC., in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10, 12 and this Section 9 shall survive termination of this Agreement.
NICHE and NICHE PAINTBALL are each a trademark of NICHE PAINTBALL, LLC. All rights reserved. All other trademarks appearing on NICHE PAINTBALL, LLC. are the property of NICHE PAINTBALL, LLC. or their respective owners.
11. THIRD PARTY CONTENT.
NICHE PAINTBALL, LLC. are distributors (and not a publisher) of content supplied by third parties and End Users. Accordingly, NICHE PAINTBALL, LLC. have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of NICHEPAINTBALL.COM, are those of the respective author(s) or distributor(s) and not of NICHE PAINTBALL, LLC.. Neither NICHE PAINTBALL, LLC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through NICHEPAINTBALL.COM represents the opinions and judgments of the respective information provider, End User, or other user not under contract with NICHE PAINTBALL. NICHE PAINTBALL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on NICHEPAINTBALL.COM. Under no circumstances will NICHE PAINTBALL, LLC. be liable for any loss or damage caused by an End User’s reliance on information obtained through NICHEPAINTBALL.COM. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through NICHEPAINTBALL.COM.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of NICHEPAINTBALL.COM, including, but not limited to, any supplemental terms governing the use of certain specific material contained in NICHEPAINTBALL.COM, and any operating rules for NICHEPAINTBALL.COM established by NICHE PAINTBALL, LLC. constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. CANCELLATION AND REFUND POLICY
NICHE PAINTBALL, LLC. explicitly reserves the right to refuse any order for whatever reason and to cancel any purchase (any order already placed by Customer and received by Niche Paintball), and any associated service and loaner agreements, in (amongst others) the following situations, without being liable for any damage or costs: product not available / out of stock (any payments received would be refunded); Customer billing information not correct or not verifiable, bank transfer payment not received at time of order placement or upon request for payment by Niche Paintball, unusual order or an order susceptible to fraud; reason to believe Customer (Buyer) is under 18 years of age, reason to believe that Customer (Buyer) is a reseller; there was an error in the price quote; Customer supplied contact information (email address, contact number) is invalid or not verifiable; Niche could not deliver to the address provided by Customer. CUSTOMER ACKNOWLEDGES AND ACCEPTS THE PROVISIONS OF THE NICHE PAINTBALL CANCELLATION AND REFUND POLICY LOCATED HERE: CANCELLATION & REFUND POLICY (http://nichepaintball.com/cancellation-refund-policy/).
15. SHIPPING POLICY & TERMS
Customer (Buyer) acknowledges and agrees to the following SHIPPING POLICY & TERMS located here: (http://nichepaintball.com/shipping-policy-terms/).
16. DMCA NOTICE
NICHE PAINTBALL, LLC. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via NICHEPAINTBALL.COM by third parties not within the control of NICHE PAINTBALL, LLC.. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), NICHE PAINTBALL, LLC. will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), NICHE PAINTBALL has designated the members of NICHE PAINTBALL, LLC., the parent company of NICHE PAINTBALL, as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the NICHEPAINTBALL.COM Web sites. The contact information is:
9311 Narnia Drive
Riverside, CA 92503
MODIFICATION OF TERMS AND CONDITIONS
Niche Paintball, LLC. reserves the right to change the terms, conditions and notices under which their products are offered.