TERMS OF USE

Welcome to the Game Face Web site (the “Site”). Please take a moment to read the following terms and conditions (“Terms of Use”). Your continued use of this Site is subject to these Terms of Use:

BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

1. Permission to Use Site. The information provided on this Site is solely for your educational, noncommercial use. Other uses are not permitted unless you receive Crosman’s prior written approval. You are authorized to make a reasonable number of copies of documents or forms displayed on this Web site provided you retain all copyright or other proprietary notices or disclaimers. Copying other than in accordance with these terms is strictly forbidden.

   You may only use this site for legal purposes. You may not use this site to publish, post, distribute or disseminate any defamatory, infringing, obscene or otherwise unlawful material or information on or through this Site. You may not download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. The obligation of determining whether any such material is protected by intellectual property law rests with you. Any messages, advice, opinions or other information posted to the Site by third parties should not be viewed as endorsed or otherwise approved by Crosman. Use of such information is at your own risk.

2. Linking Policy. This Site contains links to third party sites, which are not under Crosman’s control. These sites are not governed by these Terms of Use or Crosman’s Privacy Policy. Crosman disclaims all responsibility for the operation of such sites, including the information collection practices of such sites. Crosman does not monitor or review the content of third party sites linked to this Site. You acknowledge that Crosman is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. Linking to such sites is at your own risk.
3. Privacy. Your use of this Site is subject to Crosman’s Privacy Policy, which is incorporated herein by reference.
4. Purchases made through the Site. Purchases you make on this Site are governed by our Terms of Sale, which is incorporated herein by reference.
5. User Submissions. Your use of chat rooms, bulletin boards, and other interactive features of the Site is subject to reasonable limitations. You may not upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. The obligation of determining whether any such material is protected by intellectual property law rests with you. You may not upload files that contain a virus or any other program designed to interfere with the operation of the Site or computers linked to the Site. You may not post, distribute, disseminate or otherwise publish any defamatory, infringing, obscene or unlawful material or information on or through the Site. Any messages, advice, opinions or other information posted to the forums by third parties should not be viewed as endorsed or otherwise approved by Crosman. Use of such information is at your own risk. Crosman reserves the right, in its sole discretion, but does not assume any obligation, to immediately remove any materials from the Site that violate these Terms of Use or applicable laws or regulations, or that may subject Crosman or its agents or suppliers to liability.
6. Submitting Information to Site
   • If you wish to use our website for any activities that require submitting any personal information, you must be over the age of 13 and a legal resident of the United States. Users must provide true, current, complete and accurate personal information. Those who wish to participate in any contests must be eligible according to the rules of the contest, and must be willing to sign publicity and liability releases. Those under the age of 18 may be required to also have such publicity and liability releases signed by a parent or guardian. We reserve the right to refuse eligibility, reject an entry or order, or withdraw membership of any participant if we believe in good faith that information submitted was false, misleading or fraudulent.
   • All email sent to us must be generated by the person in whose name the email account is registered. Email users must not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.
   • To participate in various Site activities, including contests, or membership clubs, users may be asked to complete a registration process and will receive/select a "user name" and password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your personal information and the user name and password received upon such registration on the Site. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify the Site of any unauthorized use of your registration and/or password.
   • By submitting content to any public area of the Site (which includes, but is not limited to, contests, chat rooms, club and/or public forums, you understand, acknowledge and agree that your content will be considered "Public Material" and will not be subject to the privacy protections generally afforded your Personal Information.

7. Confidential Information. Except as provided for in our Privacy Policy, any material, information or other communication you transmit or post to this Site, including any data, questions, comments, suggestions, reviews or the like is, and will be treated as, non-confidential and non-proprietary (“Communications”). Crosman will have no obligations with respect to the Communications.
8. Security Violations of the Site's system or network security may result in civil or criminal liability. We will investigate possible violations of system or network security and may involve, and cooperate with, a user's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. We will also terminate the membership of any person that the we believe, in our sole judgment, may have violated our security provisions.
   Among actions which are considered violations of security are:
   1. Attempting to or accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
   2. Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
   3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming," "mailbombing," or "crashing" the Site or the server of any user.
   4. Sending unsolicited email, including promotions and/or advertising of any activity, program, product or service.
   5. Sharing any passwords, accounts or confidential or personal information obtained through or from the Site, system or network with any unauthorized individuals.
   We reserve the right, at our sole discretion to block access to the Site, to terminate your membership or registration at any time and/or to terminate or limit any other service provided to you. We reserve the right to take such actions, with or without notice, and without any liability to the participant, user, account holder or member.

9. Proprietary Rights. © 2009 Crosman Corporation. To the maximum extent permitted under law, all text, images and other materials available on the Site are protected by U.S. copyright law, various international treaties and other applicable law. The copyright on such materials is held by Crosman, its licensors or by the original creator of the materials. Permission is granted to display, copy, distribute, and download the materials on the Site solely for purposes of evaluating the products or services offered on the Site, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained on the materials. Use of these materials for any other purposes is prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Site may violate copyright, trade identity and other applicable laws or regulations and could result in criminal or civil penalties. Crosman disclaims any proprietary rights in copyrighted materials belonging to others. Your use of the Site does not create any license or any other rights in Crosman’s or any third party’s copyrights, trademarks or any other intellectual property or proprietary rights. Unless otherwise noted, all product names, logos and trademarks including, but not limited to GAME FACE, the GAME FACE logo, are the property of Crosman Corporation. You may not use any of these names, logos or trademarks for any purpose without the express written consent of Crosman.

   Crosman is eager to receive your comments and answer your questions about our products and our company. However, in submitting Communications, you grant Crosman and its affiliates full proprietary rights in any Communications that you submit. You also grant Crosman and its affiliates the right to use the name you submit with any comment, review or other content. You represent and warrant that you own or otherwise control all rights to any content you post on the Site. Furthermore, you agree that Crosman is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.

10. Disclaimer of Warranty. ALL MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CROSMAN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CROSMAN DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE, CORRECT OR COMPLETE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, CROSMAN DOES NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS MADE AVAILABLE THROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CROSMAN OR ITS CONTRACTUAL VENDORS OR SELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THE SITE (OR SITES LINKED TO THE SITE), EVEN IF CROSMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
12. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
13. Indemnification. You agree to indemnify and hold harmless Crosman and its directors, officers, shareholders proprietors, employees, representatives and agents, affiliates and subsidiaries from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) arising from your use or inability to use the Site.
14. Termination of Services. Crosman reserves the right, in its sole discretion, to discontinue the Site or to terminate your access to all or part of the Site, with or without notice. You agree that Crosman, its contractual vendors, and sellers shall not be liable to you in the event of such termination.
15. Errors, Omissions & Revisions. You agree that Crosman shall not be liable for any technical or typographical errors which may appear on the Site. Crosman may, from time to time, modify these Terms of Use without notice. Please check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
16. Severability. If any provision of this Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and all other provisions shall be unaffected thereby.
17. Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized representative, partner or owner of the party claimed to have waived or consented. Should either party consent, waive or excuse a breach by the other party, whether expressed or implied, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.
18. Force Majeure. Crosman shall not be liable for damages for any delay or failure arising out of causes beyond its reasonable control and without default or negligence, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.
19. Governing Law. These Terms of Use, and all matters relating to your use of the Site, shall be governed by and construed in accordance with the laws of the United States of America, State of New York, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Ontario County and the United States District Court for the Western District of New York with respect to such matters.
20. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
21. Entire Agreement. This agreement, together with the incorporated documents, constitutes the entire agreement between the parties relating to the Site and its use and supersedes any previous written or oral agreement or understanding of the parties hereto with respect to such subject matter.