1. ACCEPTANCE OF TERMS
Welcome to APS. APS provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular APS services, you and APS shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
To purchase any products from APS, each and every customer must read, understand, and agree to all the warranties, warnings and liabilities of the products offered by us. The customer will not hold APS, including owners, employees, manufacturers or any affiliates responsible for any and all legal actions. APS is not responsible for any accidents, injuries, or property damage resulting from the use of these products. All customers must be 18 years of age or older to buy our products. All customers must be aware of all local, state, and federal laws governing the use and ownership of these products. If the customer is purchasing product(s) for a person under the age of 18, he or she must agree to take full responsibility of their actions, as their parent or guardian. All customers must understand that removing any warning stickers, paint, or markings in compliance with Federal law is strictly prohibited and will void all warranties. All customers must understand that Federal Law states that the use of a look-a-like or toy firearm in any crime carries the full ramifications of a real firearm or weapon. All customers have been advised that Airguns recommends proper eye and face protection be worn by anyone firing the APS’s Airgun, and that the gun should never be shown in public view, or any improper setting. All customers must read and understand the APS Rules and Safety Tips offered by us. All customers agree to hold APS harmless, and all of its agents harmless, of any and all legal action arising from the sale and/or use of our products and services.
2. DESCRIPTION OF SERVICE
APS currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for APS to provide the Service. You also understand and agree that the service may include certain communications from APS, such as service announcements, administrative messages and the APS Newsletter, and that these communications are considered part of APS membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new APS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that APS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that APS has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or APS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, APS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). APS is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a APS Family Account. When you create a APS Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the APS Family Account. By adding a child to your APS Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
4. Web Site Content
The contents of site may be changed by APS in the future without prior notice. It is you, as a user, to occasionally return to our site and receive the latest updates of the terms and condition. Any amendments of terms and conditions will be taken in effect immediately. Your usage of airsoftaps.com following any changes will constitute agreement to such amendments.
It is possible for the contents of the site to have typographical errors, inaccuracies data or omissions for the item descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience caused. If you are not completely satisfied with your purchase please feel free to contact us.
5. Order Limitation and Rights to Refusal
Due to the quick turnovers of certain items, APS reserves the right at anytime to amend the number of certain products that you have purchased. If that is the case, we will contact you directly and provide you with different options available at that time. We will try our best to fulfill your order request. However, in all circumstances, APS reserves the final decision to refuse any order
6. TRADEMARK INFORMATION
APS, the APS Logo, product logo and service names are trademarks of APS Airgun Ltd. Without APS prior permission, you agree not to display or use in any manner, the APS Marks.
The TOS constitute the entire agreement between you and APS and govern your use of the Service, superseding any prior agreements between you and APS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and APS shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. You and APS agree to submit to the personal and exclusive jurisdiction of the courts located within the area of Hong Kong. The failure of APS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.