CROSMAN WEB SITE & SOCIAL MEDIA TERMS OF USE

Update: September 10, 2018


We welcome you to our web site and social media platforms (collectively our "sites") that belong to, or are managed by us. Please take a moment to read the following terms and conditions ("Terms of Use"). Your continued use of our site is subject to these Terms of Use:

BY USING OUR SITES, 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 OUR SITES.

USE LIMITATIONS.

By using our sites, you agree not to disrupt or intercept our electronic information posted on our sites or on any of our servers. You also agree not to attempt to circumvent any security features of our sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited.

You grant to us the right to use all content you upload or otherwise transmit to its sites, subject to these Terms of Use, our Privacy Policy, and the terms of use of the Customer Rating and Review Service provided by our third party services provider, Bazaarvoice, Inc., in any manner we choose, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

Linking Policy.

Our Sites contain links to third party Sites, which are not under our control. These third party Sites are governed neither by these Terms of Use nor our Privacy Policy. We disclaim all responsibility for the operation of such Sites, including the information collection practices of such Sites. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such Sites. Linking to such third party Sites is at your own risk.

Purchases made through the Site.

Purchases you make on our sites are governed by our Terms of Sale.

Submitting Information to Our Sites.

If you are under 18 years of age, please do not submit any information without the express consent and participation of a parent or guardian. To participate in our site activities (e.g., including online accounts, registrations, or contests) users may be asked to complete a registration process and will receive/select a "user name" and password. You understand, acknowledge and agree to provide, true, up-to-date, and accurate information. You are also responsible for maintaining the confidentiality of your personal information and the user name and password received upon such registration on our Sites. You will be fully responsible for the accuracy of the information you provide, 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 us of any unauthorized use of your registration and/or password.

Content Submitted by Users.

By submitting any content to our Sites, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • You have the full power and authority to submit the content and grant license to the content;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate; and
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party; or
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at our sole discretion. We reserves the right to change, condense or delete any content on our website that we deems, in its sole discretion, to violate the content of these Terms of Use. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not us, are responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of us, its agents, subsidiaries, affiliates, or partners. In other words, you agree that we are free to use any ideas, concepts, know-how, or techniques you submit for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.

Copyright/Use License.

The content provided in our Sites is owned or licensed by us, unless otherwise indicated. Permission is granted to temporarily download one copy of content provided on our Sites for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the material except as otherwise provided;
  • Use the materials for an commercial purpose, or for any public display (commercial or non-commercial);
  • Remove any copyright or other proprietary notices from the materials;
  • Transfer the materials to another person or "mirror" the materials on any other server; or
  • use any of our logos, tradenames, or trademarks for any purpose without the express written consent of us:
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

    Disclaimer.

    THE MATERIALS ON CROSMAN’S SITES ARE PROVIDED "AS IS." CROSMAN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, CROSMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULT, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE SITES. CROSMAN IS NOT RESPONSIBLE FOR ANY CONTENT SUBMITTED BY USERS, INCLUDING POSTS MADE BY EMPLOYEES OR AGENTS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF OUR SITES. CONTENT POSTED BY OTHERS DOES NOT NECESSARILY REPRESENT THE VIEWS OR POSTIONS OF CROSMAN. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.

    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 OUR SITES (OR SITES LINKED TO OUR SITES), 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.

    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.

    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 reasonable attorneys’ fees and all related costs and expenses) arising from your use or inability to use our Sites.

    Site Modification or Termination.

    Crosman may modify the features, content and functionality of its Sites at any time without notice. By using our Sites you are agreeing to be bound by the then current version of these Terms of Use. Any modifications to these terms shall be effective as of the date posted.

    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.

    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, terrorist attacks, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.

    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.p>

    IF YOU DO NOT AGREE TO THESE "TERMS OF USE" IN THEIR ENTIRETY YOU MAY NOT CONTINUE TO USE OUR SITES.

    © 2018 Crosman Corporation