Terms of Service and User Agreement
These Terms of Service (“Terms”) is a legal agreement between you and The Calguns Foundation, Inc. (“CGF,” “we,” or “us”) that apply when you use a CGF website, mobile application, or other online service (individually, a “Service”, or collectively, the “Services”) that links or refers to the Terms. It is important that you review the Terms carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms, which include the Discussion and Submission Guidelines. If you do not agree to the Terms, do not access or use the Services.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION #10) AND DISCLAIMERS OF LIABILITY (SECTION #11).
We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the Services’ home page at www.calgunsfoundation.org. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.
3. Prohibited Content and Activities
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to CGF’s or its users’ computers, devices or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
4. Discussion and Submission Guidelines
The Services may allow you to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form. You represent that you have read and agree to abide by these discussion and submission guidelines, and that by making a submission you are consenting to its display and publication on the Services and in related online and offline promotional materials, in accordance with the guidelines. We may change or modify those guidelines at any time.
You agree not to submit inappropriate content, which includes content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- Violates a person’s right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Contains epithets or other language or material intended to intimidate or to incite violence; or
- Violates any applicable local, state, national, or international law, or advocates illegal activity.
By posting content on, to, or through the Services, you give us the right to display such content on the Services and through affiliated publications and to distribute such content and use such content for promotional and marketing purposes, pursuant to the terms of the Discussion and Submission Guidelines. Specifically, you provide us with a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
You are fully responsible for the content that you submit. You will promptly remove any content that you have posted should you discover that it violates these rules or that it is otherwise inappropriate. You will indemnify CGF and its affiliates and their subsidiaries, and its and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any claim brought by any third party relating to content you have posted.
You represent that you have obtained all necessary permissions from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
You further understand that we have the right, but not the obligation, to monitor submissions and we may remove content that we deem inappropriate for any reason whatsoever without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post content on our site. We may reject or remove any comment at any time, with or without notice to you.
If you are under the age of 13, please do not submit any content to us. If you are under the age of 18 but at least 13 years of age, you may submit content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her submissions and any legal liability that he or she may incur.
You acknowledge and agree any use and/or reliance on any information obtained through the Services at your own risk.
To register for certain Services, you will create login or user credentials by providing certain information to us, including (but not limited to) your name, email address, a residence and/or mailing address, and in some cases by creating a username and password. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. CGF has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.
You will be responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials, and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms.
You must be 13 years or older to use the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
6. Intellectual Property
All content, information, materials, computer code, and software that are part of the Services other than content submitted by you (collectively, the “CGF Content”) is the property of CGF or third parties. You may access, use and display the Services on a single computer or device and download and print copies of the CGF Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
A. Copyright and Other Intellectual Property Rights.
The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by CGF in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only. To obtain written consent to use a copyrighted work, please contact us using our Contact form at this link.
B. Trade and Service Mark Rights.
All rights in product names, the CGF name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of CGF products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to CGF or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of CGF, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of CGF, please contact us using our Contact form at this link.
C. Notice of Infringement.
CGF respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please notify our designated agent in writing at to us at The Calguns Foundation, Attn: Copyright Notice Agent, 4212 N. Freeway Blvd., STE 6, Sacramento, CA 95834 or by e-mail to firstname.lastname@example.org. Please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Post content that is prohibited by or otherwise not in compliance with these Terms (including the Discussion and Submission Guidelines).
- Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
- Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized. You may download material from the Services solely for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.
- Distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
- Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party web browsers.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
- Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
8. Change or Termination
CGF may change or terminate these Terms for any reason at any time. CGF reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. CGF also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the CGF Content.
9. Third-Party Content and Links to Third-Party Websites
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. CGF DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CGF DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY CGF, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CGF OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
CGF MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND CGF DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
11. Exclusive Remedy and Limitation of Liability
IN NO EVENT WILL CGF OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CGF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CGF’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, CGF’s liability in such jurisdictions shall be limited to the extent permitted by law.
Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
You agree to indemnify and hold harmless CGF and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, including the Discussion and Submission Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. Governing Law, Arbitration, and Time Period Limitation for Bringing Claim
This Agreement shall be governed by the laws of the United States and the State of California. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor CGF will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
CGF and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in California. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that CGF may seek any interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it is permanently barred.
CGF may terminate this agreement for any reason at any time. CGF reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
15. Integration and Severability
These Terms constitute the entire agreement between CGF and you, and govern your use of the Services. The Terms supersede any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
16. No Waiver
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
17. Separate Terms and Conditions
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.