Terms and Conditions
1. Description of Service.
Paintball Tree is a website that makes available to its viewers content generated by third-parties. The website is a resource for people who want to share and who are looking for videos related to paintball. Also, this website is a resource for people to network and collaborate to further the causes of Paintball Tree.
Among other things, Paintball Tree provides a platform for uploading, sharing, and viewing various types of content. Paintball Tree's dynamic and collaborative service enables registered and unregistered users (visitors and registered members are collectively referred to as "User(s)") to access a host of functionality, including but not limited to various types of media submitted by Users (collectively, "User Submissions").
This Agreement sets forth the legally binding terms for your use of the Website. By agreeing to these Terms of Use, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Paintball Tree Website) or you are a "Member" (which means that you have registered with Paintball Tree). You are only authorized to use Paintball Tree's Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
Paintball Tree’s grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
2. Paintball Tree Website
1. These Terms of Service apply to all users of the Paintball Tree Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Paintball Tree Website includes all aspects of Paintball Tree, including but not limited to all products, software and services offered via the website such as the Paintball Tree channels, the Paintball Tree "Embeddable Player," the Paintball Tree "Uploader" and other applications.
2. The Paintball Tree Website may contain links to third party websites that are not owned or controlled by Paintball Tree. Paintball Tree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Paintball Tree will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Paintball Tree from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Paintball Tree Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Paintball Tree Accounts
1. In order to access some features of the Website, you will have to create a Paintball Tree account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Paintball Tree immediately of any breach of security or unauthorized use of your account.
2. Although Paintball Tree will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Paintball Tree or others due to such unauthorized use.
4. Use
Use of and membership in the Paintball Tree Website is void where prohibited.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Paintball Tree. Illegal and/or unauthorized use of the Paintball Tree Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Paintball Tree’s Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
These Terms of Service apply to all Users. The Website may contain links to third party websites or provide content from third party websites that are not owned or controlled by Paintball Tree. Paintball Tree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Paintball Tree and its affiliates from any and all liability arising from your use of any third-party
5. User Conduct
You agree that you will not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any Paintball Tree personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Website; (d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) upload, post, or otherwise transmit any User Submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt Paintball Tree, the Website, or Paintball Tree networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) "stalk" or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video User Submissions depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use the Website in any way that exposes Paintball Tree to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) Paintball Tree determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
Paintball Tree shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
If you decide to register with Paintball Tree, you will receive a password and Paintball Tree ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. Paintball Tree reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify Paintball Tree of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Paintball Tree cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another Member.
6. User Submissions
The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Paintball Tree does not guarantee any confidentiality with respect to any submissions.
You acknowledge and agree that Paintball Tree and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via the Website or other Paintball Tree network products or services at any time, for any reason, or for no reason at all, with or without notice.
You expressly acknowledge and agree that Paintball Tree may preserve User Submissions and may also disclose User Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Submissions violates the rights of third-parties or any law, regulation, or ordinance; or (d) protect the rights, property, or personal safety of Paintball Tree, its users, or the public. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Paintball Tree with regard to its users may be disclosed in accordance with Paintball Tree Privacy Policy.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person of any age performing or participating in a sexual act; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Paintball Tree to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant Paintball Tree a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and Paintball Tree's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Paintball Tree and the Website are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Paintball Tree with respect thereto, and agree to indemnify and hold Paintball Tree, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. Inappropriate User Submissions.
Paintball Tree assumes no responsibility for monitoring the Paintball Tree Services for inappropriate content or conduct. If at any time Paintball Tree chooses, in its sole discretion, to monitor the Paintball Tree Services, however, Paintball Tree assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Paintball Tree may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Paintball Tree does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Paintball Tree does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Paintball Tree will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Paintball Tree reserves the right to remove Content and User Submissions without prior notice. Paintball Tree will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Paintball Tree also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. Paintball Tree may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY OR THAT IS ILLEGAL.
Paintball Tree provides the Website as a service to its users. Paintball Tree does not monitor, supervise, or control content posted or stored on its servers at the direction of its Users, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
Paintball Tree takes seriously all laws against child pornography. Thus, it will not condone, and it intends to cooperate with all governmental agencies that seek those who produce, child pornography. By using this website, you agree that all User Submissions you upload to this website for viewers in the United States or any of its territories or possessions are fully compliant with all laws relating to child pornography in the United States, including but not limited to 18 U.S.C. section 2257. If you need to review this statute before agreeing to these terms, then visit http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html. By using this website, you also agree that all User Submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.
In accordance with the Digital Millennium Copyright Act of 1998, Paintball Tree will respond expeditiously to claims of copyright infringement that are reported to Paintball Tree's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Paintball Tree by providing Paintball Tree's designated copyright agent listed below with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Paintball Tree to locate the material;
4. Information reasonably sufficient to permit Paintball Tree to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All claims of copyright infringement on or regarding this Website should be delivered to Paintball Tree's designated copyright agent at the following address:
8. Account Termination Policy
1. Paintball Tree will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
2. Paintball Tree reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Paintball Tree may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act
U.S.C. section 2257. If you need to review this statute before agreeing to these terms, then visit http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html. By using this website, you also agree that all User Submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.
In accordance with the Digital Millennium Copyright Act of 1998, Paintball Tree will respond expeditiously to claims of copyright infringement that are reported to Paintball Tree's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Paintball Tree by providing Paintball Tree's designated copyright agent listed below with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Paintball Tree to locate the material;
4. Information reasonably sufficient to permit Paintball Tree to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All claims of copyright infringement on or regarding this Website should be delivered to Paintball Tree's designated copyright agent at the following address:
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PAINTBALLTREE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAINTBALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PAINTBALL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 PAINTBALL WEBSITE. PAINTBALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PAINTBALL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAINTBALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL PAINTBALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAINTBALL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PAINTBALL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Paintball Tree from its facilities in the United States of America. Paintball Tree makes no representations that the Paintball Tree Website is appropriate or available for use in other locations. Those who access or use the Paintball Tree Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless Paintball Tree, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Paintball Tree Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Paintball Tree Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Paintball Tree Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Paintball Tree Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
14. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Paintball Tree without restriction.|
15. General
You agree that: (i) the Paintball Tree Website shall be deemed solely based in California; and (ii) the Paintball Tree Website shall be deemed a passive website that does not give rise to personal jurisdiction over Paintball Tree, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Paintball Tree that arises in whole or in part from your use of the Paintball Tree Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at Paintball Tree and any other legal notices published by Paintball Tree on the Website, shall constitute the entire agreement between you and Paintball Tree concerning the Paintball Tree Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Paintball Tree's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Paintball Tree reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Paintball Tree Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PAINTBALLTREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PAINTBALLTREE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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