For the use of the General Scenario Rules of Play (GSRP)

Terms and Conditions of Use
March 18, 2005

This Web site, including all of its features and content (the “Web Site”) is a service made available by Patrick McKinnon, or his affiliates (“Provider”) and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). If you do not agree with the Terms and Conditions, do not use this Web site.

1. Web Site Limited License: As an approved user of this Web Site and the General Scenario Rules of Play, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time. 

2. Intellectual Property Rights: Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

3. Linking to this Web Site: Upon approval, you are granted a nonexclusive, nontransferable, revocable and limited licensing right to create a hyperlink to the General Scenario Rules of Play – located at http://www.scenariopaintball.com - provided (a) you do not remove or obscure, by framing or otherwise, any portion of the page, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to pacman@mxsportz.com, (c) you discontinue providing links to this Web Site if requested by Provider, and (d) you do not portray copyright owner, provider, scenarioball.com or their services in a false, misleading, derogatory, or otherwise offensive manner. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at pacman@mxsportz.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

4. Links to Third Parties: Scenariopaintball.com contains hyperlinks to external locations (e.g., other web sites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by scenariopaintball.com or that any affiliation exists between scenariopaintball.com and the linked web site. You agree that scenariopaintball.com is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Scenariopaintball.com has not necessarily reviewed, and does not necessarily endorse, Content at linked web sites, and is not responsible for such Content or for your use of such Content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that scenariopaintball.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective web site administrator, system operator, or web master.

5. Registration: Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise; or c) use of this website in whole or in part without approval. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing pacman@mxsportz.com

6. DISCLAIMER: This web site and the content are provided on an “AS IS, AS AVAILABLE" basis. Provider expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (A) Any errors in or omissions from this web site and the content, including but not limited to technical inaccuracies and typographical errors, (B) Any third party web sites or content therein directly or indirectly accessed through links in this web site, including but not limited to any errors in or omissions there from, (C) The unavailability of this web site, the content, or any portion thereof, (D) Your use of this web site or the content, or (E) Your use of any equipment or software in connection with this web site or the content.. 

7. LIMITATION OF LIABILITY: Provider shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of this web site or the General Scenario Rules of Play, the content or any facts or opinions appearing on or through out this web site. Provider shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the content. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, provider’s sole obligation to you for damages shall be limited to $100.00

8. Indemnification: You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers, copyright owner and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. 

9. Governing Law and Jurisdiction: The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 

10. Severability of Provisions: These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the Scenariopaintball.com’s Terms and constitute the entire agreement with respect to access to and use of this Web Site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the Scenariopaintball.com’s Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider's Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.

11. Modifications to Terms of Use: Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.

12. Acceptance: Your use of the General Scenario Rules of Play (GSRP) constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Scenariopaintball.com or by third party content providers in connection with third-party content, software or services available on, through or in connection with Scenariopaintball.com.

13. Amendments: Scenariopaintball.com reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this "Terms and Conditions of Use" section of the Scenariopaintball.com web site. Such amendments will be effective when posted.

14. Waiver:McKinnon and or Scenariopaintball.com's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of McKinnon / Scenariopaintball.com’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of McKinnon / Scenariopaintball.com to exercise or take advantage of any right or remedy that McKinnon / Scenariopaintball.com has or may have hereunder operate as a waiver of any right or remedy.

15. Disputes: Any dispute relating in any way to your visit to Scenariopaintball.com shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate Scenariopaintball.com's / McKinnon’s intellectual property rights, Scenariopaintball.com / Patrick McKinnon may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Copyright © 2001-2007 scenariopaintball.com is the licensed host of the General Scenario Rules of Play copyright © 1996-2007 McKinnon. None of the contents of this site may be reproduced in whole or in part except as noted in the Terms and Conditions for Use.