Welcome to GunTV. GTV Live Shopping LLC and ("GunTV") provide website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via GunTV.tv, GunTV's mobile services, GunTV's telephone ordering and interactive voice response services, GunTV Community Forums, GunTV messaging systems, GunTV's software applications that you download and other websites and existing or future services that expressly incorporate these Conditions ("GunTV Services"), you accept these Conditions. In some instances, a particular GunTV Service or a product purchased through the GunTV Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the GunTV Services.
CHANGE OF TERMS
GunTV may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which GunTV may give by any means, including, without limitation, by posting the revised Conditions on the GunTV Services. You are responsible for reviewing the GunTV Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the GunTV Services after changes to these Conditions will constitute your acceptance of the revised terms.
ORDERS AND PRICING
GunTV reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on GunTV and may be adjusted by GunTV at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share GunTV promotional codes unless the terms of the promotion expressly allow you to do so. GunTV reserves the right to cancel orders when it has reason to believe that any promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Copyright in the documents and material on the GunTV Services is owned by or licensed to GunTV. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the GunTV Services are either the property of, or used with permission of, GunTV. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the GunTV Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the GunTV Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the GunTV Services without the written permission of GunTV or any third party that may own such trademarks or service marks. GunTV will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the GunTV Services, you grant GunTV a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant GunTV and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify GunTV for all claims resulting from any content that you supply. GunTV has the right but not the obligation to monitor any activity and to edit or remove any content. GunTV takes no responsibility and assumes no liability for any content posted by you or by any third party.
LINKS TO OTHER SITES AND SERVICES
GunTV reserves the right to prohibit users from posting links to other Internet sites. To the extent GunTV in its sole discretion allows certain users to post such links Links to other Internet sites and services operated by third parties, including GunTV vendors, you understand and agree that those sites and services do not constitute sponsorship, endorsement, or approval by GunTV of their content, policies, or practices. of such linked sites or services. You likewise understand and agree that GunTV is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services, as well as and the privacy policies and security practices of linked sites and services.
When you access or use the GunTV Services, send e-mails to GunTV, or receive electronic communications from GunTV, you are, and consent to, communicating with GunTV electronically. GunTV may communicate with you by e-mail or by posting notices on one or more of the GunTV Services. You agree that all notices, disclosures, agreements, policies, and other communications that GunTV provides to you electronically satisfy any requirement that such communications be in writing.
Should GunTV allow users of the GunTV Services to communicate directly with each other via a messaging system, you understand and agree that you are solely responsible for your interactions with those other members on such system. You agree to take reasonable precautions in all interactions with other members of the GunTV Services, and also agree that in no event shall GunTV be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of any such messaging system. As always, you should follow internet safety tips, should not provide any personally identifiable information, including your email address or phone number, to unknown users, and you should exercise reasonable care with accessing links anyone may send you. You should never respond to requests from other users for financial information, like your credit or debit card, or requests for money. If you feel that any other user is sending you messages that violate these Conditions of Use or the GunTV Community Guidelines, stop communicating with that user and please contact GunTV Customer Care immediately.
Customer Care Form
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE GUNTV SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, GUNTV MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GUNTV SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GUNTV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE GUNTV SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL GunTV OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GUNTV SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GUNTV SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GUNTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GunTV DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GUNTV SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GUNTV SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL GUNTV OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE GUNTV SERVICES, EVEN IF GUNTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GunTV'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless GunTV and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the GunTV Services.
YOUR ACCESS TO GunTV SERVICES
When you use the GunTV Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the GunTV Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. GunTV sells products to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the GunTV Services only with the involvement of a parent or guardian. GunTV reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders or terminate accounts for any or all of the GunTV Services. In the event that GunTV denies you access to one or more GunTV Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
One or more patents owned and/or licensed by GTV Live Shopping LLC, or one or more of its affiliates or parents, may cover certain methods, systems, features, products, or services, or portions thereof, accessible or available via the GunTV.tv website.
All content accessible from, included in, or available via the GunTV.tv website, or communications from the GunTV.tv website such as text, graphics, logos, images, audio clips, video clips, pictures, images, and data compilations are the sole and exclusive property of GTV Live Shopping LLC, or one or more of its affiliates or parents or its vendors or content providers and is protected by United States and international copyright laws. The compilation of all content accessible from, included in, or available via the GunTV.tv website, or communications from the GunTV.tv website, such as the layout, color selection and format, is the sole and exclusive property of GTV Live Shopping LLC, or one or more of its affiliates or parents and is protected by United States and international copyright laws.
In accordance with the Digital Millennium Copyright Act ("DMCA"), GunTV has designated an agent to receive notification of alleged copyright infringement occurring on the GunTV Services:
DMCA Notification Agent
Attn: Legal Department
P.O. BOX 454
Thousand Palms, CA 92276
E-mail: [email protected]
CONTENTS OF NOTICE
The DMCA requires that all notices of alleged copyright infringement be in writing. For GunTV to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing GunTV of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single GunTV Service are involved, please provide a representative list of such works on that GunTV Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit GunTV to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided GunTV is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
GunTV may not be able to act on your complaint promptly or at all if you do not provide this information.
These Conditions contain the entire understanding of you and GunTV with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and GunTV with respect to the subject matter hereof. The failure of GunTV at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of GunTV to thereafter enforce each and every provision of these Conditions. No waiver by GunTV of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of Delaware without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Delaware, Newcastle County or of the U.S. District of Delaware and GunTV and you consent to the personal jurisdiction and venue of such courts.