Updated August 1, 2011
(Previous Terms of Use)
By clicking that you accept these Terms and Conditions of Use of Firearms Community, you agree to a legally binding contract between you, the user, and FirearmsCommunity.com ("Company" or "FC"). FirearmsCommunity.com owns and operates FirearmsCommunity.com Website, and has licensed the FC web application/software, ("Site") and other services offered on or through the Site (collectively, the "Services").
Firearms Community reserves the right to change, modify, add, or remove portions of these terms at any time. You agree to check these Terms and Conditions (“Terms”) periodically for changes. Your continued use of our website following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. You represent and warrant to FC that you will fully comply with the FC Terms and Conditions of Use and the FC Privacy Policy. If you do not agree with the terms, please do not use the Website. The Terms outline the legal obligations of FC and you, the user, and also outline what you can and cannot do while accessing the Site and Services.
Our Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our Privacy Policy. This is incorporated by reference into the Terms of Use.
Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
A Safe and Supportive Community. Our goal is to create the best educational, entertaining, and safe community for firearm enthusiasts. We do not allow any type of communication that is not in line with our principles and policies and will terminate any membership that does not adhere to our Terms of Use, incorporating by reference, our Community Guidelines. Our Guidelines outline what you can and cannot do on our Site and Services, including but not limited to prohibiting users from posting any content depicting unsafe, foolish, and reckless firearm handling that could in any way present FirearmsCommunity.com and the firearms community at large in an unfavorable light. We advocate that all users of this Site understand and obey all federal, state and local laws and regulations, particularly the Gun Control Act of 1968 and FFL regulations, and receive professional instruction for the safe and responsible handling and storage of firearms at all times.
Membership. Upon registration and Acceptance, FC grants you a limited license to make personal or business use of our Site and Services in accordance with this Agreement, and your account membership type. In order to register you must provide a valid email address for administrative purposes only. You agree not to provide any false information on the Site or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your membership (“Account”). It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify FC immediately if there is any unauthorized use of your Account. You agree to keep your account information, email address, and Profile up dated and accurate. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent.
For your privacy and security, we highly recommend that you use a longer password with at least 10 digits, consisting of a mix of lower and upper case letters including numbers.
Business Memberships. As a feature of a paid business level membership, a business has the ability to promote its services. Businesses can list their business in the Business Directory, list products in the classified section, and submit an Ad Banner to be placed into rotation. A business member shall not purchase trademarks, trade names, logos, or service names for advertising campaigns, unless such intellectual property is owned or licensed by that business. A business shall not use any false, deceptive, misleading or otherwise inaccurate or improper terms about its company, products or services, or those of any competitor's products or services, nor use terms deemed libelous, malicious, sexual, obscene, inciting, pornographic, or inappropriate in nature. FC reserves the right to remove any and all advertisements, in its sole discretion, for any reason.
Username. When you choose a username, you agree to choose a legitimate, acceptable username that does not infringe on any individual's or entity's rights, including intellectual property and privacy rights FirearmsCommunity.com reserves the right to reserve usernames that are considered famous, well known, or trademarked for use by their perspective entities.
Payments and Subscriptions. Standard Members have use of this site without charge. A business membership (and any future membership levels) will be charged a monthly fee as outlined in our pricing section. Each monthly membership subscription will automatically renew. If you decide to cancel you will continue to enjoy the benefits of that membership level until the end of the then current subscription term, at which time you will be downgraded to a Standard membership level. You will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period. To cancel your subscription at any time, go to My Apps / Subscriptions. Our monthly subscription fees are subject to change upon 30 days notice with such notice provided at any time by posting the changes to the Site and by email. You acknowledge that you have legal authority to enter into this Agreement, and that you are either the account holder of the credit card or payment system to be used, or you have received authorization from the credit card or payment system holder to charge for the indicated amount of these Services, to be delivered to this FC account. FC may make inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) is false, inaccurate or misleading. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services unless you are at a membership level that permits such activity. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
Forums, Blogs, Events. You should not include your telephone number, or street address on any area of our Site that is accessible by the public unless this is absolutely necessary (for example, listing an Event at a personal address). You should not reference any person by a real name, or provide any other personally identifiable information about any person or entity, unless that person or entity consents. You should not upload photos that include other people unless those people consent to the posting of the photo. We do not guarantee that we will edit or delete posts or photos. We do not actively monitor the contents of posted messages in the Forums, Blogs, or Events section, and we are not responsible for any message posted or any photo or material uploaded. Posted messages express the views of the author of the message, not the views of FC. Any user who feels that a posted message or photo is objectionable is encouraged to report it using the Report Link (indicted by the small red circle on most content pages) or contact us immediately through the “Contact Us” link located in the bottom menu of every community page. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. In the event of a concern, you can also submit a "Report" to our Site by clicking on the Report button in the Events, Blog, and other sections.
Contest Eligibility. A "Contest" is a promotion that includes a prize and a winner based on a skill or a random selection from entries submitted (“Submissions”). When you enter a Contest you acknowledge that you are 18 years old, able to legally enter into this Contest, and you agree to abide by the particular Contest Rules that may outline additional specifications for that particular Contest. No aspect of a Contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of the 50 U.S. states and the District of Columbia, excluding U.S. territories, who are 18 and older as of the date of the opening of the Contest and who have not been not been convicted of a violent offense, felony, crime of moral turpitude, or misdemeanor. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families of FC are not eligible to enter our Contests. Contests are not open to those who reside outside the US.
Privacy, Data Collection, and Sharing. Please refer to our Privacy Policy and to the Submission section below for additional information regarding the use of your information submitted to us through promotions and Contest Submissions. In the event we participate in promotions and Contests using a third party’s site, such as Twitter, we will indicate this in the Contest Rules, and you should refer to the third party’s Terms of Use and Privacy Policy for information about their use of the information you submit through their services for the purposes of our promotion or Contest.
Contests and Prizes. Our Contest winners may receive Prizes in the form of cash or goods, as outlined on our Site and herein. Prizes are not transferable. Should you win a Contest, you agree to provide a valid mailing address or email address to FC. This information is confidential, used for administrative purposes, and is not shared with other users. Winners agree to allow their Submission, their name, and likeness to be publicized on our Site, through our Services, and on other sites and marketing or promotional services into perpertuity, at FC’s sole discretion.
All federal, state and local taxes and any other costs and expenses associated with the Prize are solely the Contest winner's responsibility. Winners of Prizes valued at $600 or more will be issued IRS 1099 forms for the value of their Prizes. It is the winners sole responsibility to act responsibly when using any Prizes.
Contest Disclaimer. In addition to the Terms outlined herein, and the Contest Rules, FC assumes no responsibility for incorrect or inaccurate Contest Submissions whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error that may occur in the processing of the Submission or evaluation in this Contest. FC is not responsible for any typographical or other error in the Contest, any administration of the Contest, or in the announcement of the Prize. If, for any reason, the Contest is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of FC which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, the Prize will be drawn from the pool of Submissions that have been received up until and or after (if applicable) the time of modification, cancellation or termination, or in a manner that is fair and equitable as determined by FC.
FC shall have no responsibility or obligation to Contest winners or potential winners who are unable or unavailable to accept or utilize the Prizes or who have provided the incorrect contact information. FC will attempt to contact winners for a period of 3 weeks and at the end of this time, if FC is unable to contact the winner, we reserve the right not to award the Prize to the winner and instead, choose another winner based upon the Contest Rules for determining that winner, and award the Prize to that subsequent winner. All Prizes are awarded "as is" with no guarantee either express or implied. It is the winner’s sole responsibility to act in a reasonable and safe manner in the use and care of a Prize. All prize awards are subject to verification of eligibility and compliance with the Contest Rules and these Terms. FC reserves the right not to award Prizes if it determines, in its sole discretion, that there were an insufficient number of Contest Submissions. All interpretations of these Contest Rules and decisions by FC are final.
Submissions to FC Site. Any information submitted to FC will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. (Please refer to our Privacy Policy for additional information.) By participating in our Site and Services, and in the event you upload, share, transmit or display any photos, comments, text, or other Content ("Submissions"), you warrant and represent that you own or otherwise control all of the rights to your submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submissions. Unless otherwise specified, FC does not claim ownership of your submissions. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting FC permission to use your Submission in connection with the operation of its businesses. You grant FC an unrestricted, irrevocable, perpetual, worldwiede license to display, use, modify, perform, reproduce, translate, transmit, and distribute via our Site or Services any information you send FC, for the purposes outlined within the context of the Submissions or herein. You also grant us a limited worldwide right to use, post, publish and transmit your Submissions to promote and advertise our Site for marketing purposes, with appropriate copyright notices given where applicable
Copyright and Intellectual Property. In addition to the warranty and representation set forth above, by Posting a submission, you warrant and represent that (a) you are the copyright owner of your submission or you have the permission of the copyright owner; (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms; and (c) your Posting will not violate the intellectual property rights of any individuals or entities. You acknowledge that FC is not responsible for the accuracy of any submissions. All postings, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such postings originated. This means that you, and not FC, are entirely responsible for all postings that you Post to the Site. You are prohibited from Posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. Furthermore, you are prohibited from posting any material that could be considered inciting, alarming, or bullying. However, if such communications do occur, FC will have no liability related to such submissions. You further acknowledge that FC does not pre-screen submissions, but that FC has the right in its sole discretion to block or restrict access to or the availability of, or to disable, any submissions that are available via the Site. Without limiting the foregoing, FC may disable or restrict access to or the availability of any posting that violates these Terms, which is otherwise objectionable, or which FC in its sole discretion decides to disable or restrict.
Copyright Infringement. FC will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to privacy@firearmscommunity.com.
To be effective, the notification must include the following:
i.An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
ii.A description of the copyrighted work claimed to have been infringed;
iii.A description of the location of the infringing material and information reasonably sufficient to permit FC to locate the material;
iv.Your contact information, including your address, telephone number, and email address;
v.A statement by you that you have 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
vi.A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
LINKING SITES. Links and banners in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link or banner on the Site does not imply a recommendation or endorsement by us of the linked website. This includes all affiliates. Please refer to the terms of use and privacy policy for each site visited.
DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. FC DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, FC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY FC, FC USERS, INCLUDING COACHES, OR ITS ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE SITE. AS A SERVICE TO YOU, WE MAY PROVIDE ACCESS TO THIRD PARTY AFFILIATES AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS OF USE AND PRIVACY POLICY. YOU AGREE THAT NEITHER FC NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FC, OUR OFFICERS, DIRECTORS, AGENTS, COACHES, EMPLOYEES CONTRACTORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY FC. THE ENTIRE LIABILITY OF FC, ITS OFFICERS, CLIENTS, COACHES, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE FC, OUR OFFICERS DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLIAMS,
Intellectual Property and Copyright Notice. This site is controlled and operated by FC. Our proprietary software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by FC or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site's Intellectual Property may not be used without the express written permission of FC. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site and Services, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a) You breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or FC. We can also terminate this Agreement at any time, with or without cause.
Minors. FC does not knowingly collect information from anyone under the age of 18. Our Site is directed at those who are over the age of 18. If someone is under the age of 18, they should not use this Site and should not submit any information to this Site.
Indemnification. You agree to indemnify FC and its officers, directors, employees, agents, distributors, coaches, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms, including the documents incorporated by reference.
Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of Nevada, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Clark County, Nevada and the District of Nevada. These Terms of Use, including the Privacy Policy and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and FC. If any part of these Terms of Service is held invalid or unenforceable, the remaining portions shall remain in full force and effect.
Entire Agreement. This is the entire Agreement governing the use of the Site and Services. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of FC.
Assignment and Succession. Notwithstanding any other provision of these Terms, FC, its successors and assigns may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Termination. Termination. You may cancel your community membership at anytime by logging in and going to “Setting” / “Delete Account”. You may cancel a paid membership by going to “My Apps” / “Subscriptions”. Your membership will show canceled and payment will show stopped with 24 hours. All of the information you submitted to our Site will be unavailable for viewing and will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Upon termination of your account, the Terms will remain in effect and legally binding, without limitations
Notice. Unless otherwise indicated, please direct notices to to FirearmsCommunity.com, 8635 W. Sahara #270, Las Vegas Nevada, 702-581-4646, admin@firearmscommunity.com.
Compliance with Firearm Laws. FC encourages safe and responsible firearm usage. We as a company do not sell or transfer firearms or ammunition of any type on this Site or through our Services. All users are prohibited from using our Site or Services to intentionally or otherwise, violate any laws, and the user, not FC, will be solely liable for any damages or claims relating to the violation of any laws. FC will cooperate fully with law enforcement requests made by them in the investigation of any potential or threatened illegal activity. For more information, please review a Citizen's Guide to Federal Firearm Laws ( http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60) and the Gun Control Act of 1968 (http://www.nraila.org/federalfirearms.htm).
Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products.
These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at FirearmsCommunity.com.
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