These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile apps, games, products, services, and any content or functionality offered on or through adventure-force.com and related domains (collectively, the “Site”) operated by Adventure Force LLC (“Adventure Force”, “we” “our” or “us”).
Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Site.
1. Accounts and Use
You must be at least 13 years old to create an account or make purchases on the Site. Individuals under 18 should only use the Site with the supervision of a parent or legal guardian who agrees to be bound by these Terms. Parents and guardians are responsible for all use by minors.
You agree to provide accurate personal information when creating an account. You must keep this information up to date and are responsible for any activity associated with your account. Sharing access to your account with others is prohibited.
You are fully responsible for maintaining the confidentiality of your username, password, and account access. You agree to immediately notify us of any unauthorized use or breach of your account. We are not liable for any losses or damage due to unauthorized account access or use.
To access certain content, features, contests or sweepstakes on the Site, you may be required to provide additional information such as your full name, age, phone number, email address, hometown, and school name. This information may be publicly posted on the Site.
2. Acceptable Use
Your use of the Site must comply with all applicable laws, regulations, and Site rules. You may only access and use the Site for lawful purposes.
You agree not to:
- Post, upload, or transmit through the Site any defamatory, libelous, threatening, harassing, abusive, violent, obscene, vulgar, nude, profane, hateful or otherwise objectionable material of any kind.
- Post or transmit any message or material that encourages conduct that could constitute a criminal offense or violate any applicable local, state, national or international law or regulation.
- Post or transmit any unsolicited advertising, promotional materials, spam, junk mail or any other form of solicitation without our express written consent.
- Post, upload or otherwise make available any images, software or other material protected by intellectual property laws, rights of privacy or publicity or other proprietary rights without the express permission of the owner. You are solely responsible for making sure you have the necessary rights or license to any content you post or transmit.
- Use any robot, spider, scraper, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Site. This prohibition includes using any such means to harvest or collect email addresses or other contact or account information from the Site.
- Probe, scan or test the vulnerability of our systems or networks or otherwise attempt to gain unauthorized access to Site content, materials or systems.
- Take any action that imposes an unreasonable burden on our platform infrastructure, as determined in our sole discretion.
- Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site.
- Use any meta tags, pay-per-click advertising or any other “hidden text” utilizing our trademarks or product names without our express written consent.
- Forge headers or identifiers, impersonate others, or manipulate source or destination information in a manner that disguises the origin of any content transmitted through the Site.
You agree to fully cooperate in any investigation of your activity or content on the Site. Failure to comply with these rules may result in immediate termination of your account and legal action.
3. User Content
Users may have opportunities to post content to public sections of the Site through reviews, comments, profile pages, forums, games, contests, sweepstakes and other functions (“User Content”). User Content specifically does not include any orders, payments, or transaction data.
You represent that you have all rights necessary to lawfully post any User Content without infringing or violating the rights of any third party. All User Content must comply with our Acceptable Use policy above.
You understand that Adventure Force has no obligation to pre-screen or monitor User Content. However, we reserve the right to review, screen, delete, edit, move or disable access to User Content at our discretion and without notice to you. We assume no liability for any User Content, including any loss or damage to any User Content.
By submitting any User Content, you grant (and represent and warrant that you have the right to grant) to Adventure Force a perpetual, royalty-free, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, modify, create derivative works of, publicly display or perform, directly or indirectly distribute, and otherwise fully utilize the User Content for any legal purpose in any media formats and through any media channels without compensation or attribution to you.
You waive and agree not to assert any rights of attribution, integrity or any other moral rights in any User Content against Adventure Force or our licensees. Do not submit any User Content that you do not wish to license in this manner. This license does not transfer ownership rights in User Content and is revocable in our discretion.
User Content is not confidential and may be viewed publicly. Do not submit personal information, payment information, account numbers or any content you consider confidential, proprietary or would not want published. You are solely responsible for any personal information or content you submit as User Content.
We have no responsibility or liability for the deletion, loss, removal, destruction, damage, corruption or failure to store any User Content. You are solely responsible for creating backup copies and replacing lost User Content.
Adventure Force reserves the right (but has no obligation) to review, monitor, evaluate, alter, remove, delete, or disable User Content for any reason in our sole discretion. However, we are not responsible for any failure or delay in removing illegal, illicit, offensive or otherwise objectionable User Content.
4. Purchases
If you wish to purchase products or services described on the Site (“Purchases”), you will be asked by Adventure Force or the third party provider to supply certain information relevant to your Purchase including your name, billing address, shipping address, payment information such as credit card number and expiration date, email address, phone number or other details.
You represent that you are not a minor or otherwise prohibited from entering into legal agreements. You agree to provide true, accurate, current and complete information for all Purchases. You agree to promptly update your account information to keep it accurate and complete.
The actual price charged for any products or services will be the price indicated in our order pages at the time you submit your order. We reserve the right to refuse or cancel your order at any time for reasons including product unavailability, errors in product or pricing information, or problems with processing your order.
You agree to pay all charges incurred under your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Purchases.
Unless otherwise indicated, all Purchases are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, the refund or credit will be processed against the payment method used at the time of purchase.
Actual product packaging and materials may contain more and/or different information than that shown on our Site. We suggest reviewing the actual product details directly on the packaging or other materials before use.
The availability and pricing of products may vary between the online store and retail locations. Pricing, availability, descriptions, features, etc. are provided for informational purposes only and are subject to change without notice. We make reasonable efforts to provide accurate pricing and other information but errors may still occur. Adventure Force reserves the right to cancel any orders containing pricing or information errors with no further obligations to you.
Products may be discontinued without notice. Items marked “Limited Supply”, “Limited Quantities,” “Final Sale” or similar designations are strictly limited and available while supplies last. Limited supply items may sell out quickly and may not be restocked once sold out.
Order acceptance, shipping, and fulfillment may be delayed or prevented by factors beyond our reasonable control. We are not liable for any damages related to delayed or failed shipments. Please contact Customer Support regarding any shipment delays over 7 business days.
You may not purchase products or services for resale unless you are an authorized distributor. We reserve the right to limit or prohibit orders that appear to be for resale.
5. Shipping and Delivery
We will arrange shipment of purchased products to you based on the delivery method and timeframe selected during the checkout process. All shipments are made using third party carriers pursuant to carrier terms and conditions. Delivery dates are estimates only – actual delivery is subject to carrier schedules, weather, holidays, and other real-world conditions that cannot be directly controlled.
For digital products, delivery will be made by digital transmission to the email address provided during the checkout process. Physical products will ship to the shipping address provided during checkout. Shipping and delivery takes place only using the factory box and the carrier’s standard methods. We are not able to accommodate special requests regarding packaging, handling, or delivery.
You agree to inspect all packages for damage immediately upon delivery and indicate any found damage to the carrier at the time of delivery. We are not responsible for any damage that occurs after delivery to the carrier. Please contact Customer Support within 5 days of delivery to report any damage or errors with your order.
Customers are responsible for all shipping and handling charges associated with product exchanges and returns. Please retain all packaging materials in case of return or exchange. You are responsible for properly packaging any return shipments in compliance with carrier requirements. We reserve the right to reject deficient returns.
International shipping charges do not include any fees, taxes, or duties associated with importing products into your country. You agree that Adventure Force has no control over nor responsibility for any importation fees, duties, taxes, or similar assessments imposed by your country. Please check with your country’s customs office regarding applicable fees and taxes on imported goods.
All risk of loss or damage to products passes to you when delivered to the carrier. Ownership of physical products passes to you when we process your payment. We retain ownership of all digital products until download or streaming begins.
6. Contests, Sweepstakes and Special Offers
Contests, sweepstakes and special offers on the Site may have additional rules and restrictions that will be disclosed at the time of entry. You must meet eligibility requirements such as age, residency, and skill level where indicated. Entry deadlines apply. We reserve the right to verify eligibility requirements and cancel any entries that do not meet the requirements.
Prizes, points or rewards awarded for contests, sweepstakes and special offers have no cash value and may include additional restrictions. Prizes are not transferable or refundable and must be accepted as awarded. We reserve the right to substitute prizes of approximately equal value if necessary. All taxes and expenses related to prizes are the sole responsibility of winners.
Winners may be required to complete an affidavit of eligibility, liability release, and publicity release in order to receive prizes. Failure to timely complete required documents results in forfeiture of prizes. Allow at least 8 weeks for delivery of prizes. We are not responsible for loss or late delivery of prizes.
All decisions regarding selection of winners shall be made by Adventure Force in its sole discretion and shall be final, binding and non-appealable. Odds of winning depend on the number of eligible entries received.
7. Copyrights & Trademarks
All content included on the Site is the property of Adventure Force or used with permission of the owner. Any use of Site content not expressly permitted by these Terms is a breach of these Terms and an infringement of our copyrights, trademarks and other proprietary rights.
The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered Trademarks of Adventure Force and others. Nothing on the Site or anywhere on the Internet shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission.
8. DMCA Copyright Policy
Adventure Force respects the intellectual property rights of others. Upon proper notice, we will remove User Content if the content infringes copyrights of a third party in violation of applicable law.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for owners of copyrighted materials who believe their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, a copyright owner or agent of a copyright owner who has a good faith belief that their copyrighted material is being infringed may contact our designated agent by written notice. Upon receipt of a properly filed complaint notice, we will remove or disable access to the allegedly infringing content.
If you believe your copyright is being infringed by content on the Site, you may send us a written notice that includes the following:
- Your name, physical address, e-mail address and phone number.
- A description of the copyrighted work you believe is infringed with enough detail so it may be identified.
- The location and description of the allegedly infringing content sufficient to permit us to locate the content.
- A statement affirming that you have a good faith belief the content is being used in a manner that constitutes infringement.
- A statement that the information provided is accurate and that you are the owner of the infringed content or authorized to act on the owner’s behalf.
- A digital signature or physical signature of the copyright owner or authorized representative.
Our Copyright Agent to receive DMCA notices is:
Copyright Agent
Adventure Force LLC
123 Main Street
Irvine, CA 92618
[email protected]
We suggest consulting a lawyer before filing a DMCA notice. There can be penalties for false or bad faith claims.
9. Disclaimers
Your use of the Site is at your sole risk. The Site and all Site materials, information, products and services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
Adventure Force expressly disclaims all warranties of any kind whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Site.
Adventure Force makes no warranty that: (a) the Site or Site materials will meet your requirements; (b) the Site will be available on an uninterrupted, secure, error-free basis; (c) results that may be obtained from use of the Site will be accurate or reliable; or (d) the quality of Site materials, products, services or information obtained will meet your expectations.
Any content you download or otherwise obtain through use of the Site is at your own discretion and risk. You will be solely responsible for any damage to your computer system, mobile device, or loss of data resulting from your use of Site content.
Information provided on the Site does not constitute professional advice of any kind. Information obtained from or through the Site should not be used as a substitute for consultation with professional advisors.
Participation in contests, sweepstakes, games, special offers, or use of any Site application is at your own risk. Prizes and rewards may carry additional risks and responsibilities. Please assess all risks and responsibilities prior to participation.
Online commerce carries uncertainty and risk. We do not guarantee continuous, uninterrupted or secure access to any part of our Site or your account.
10. Limitations of Liability
In no event will Adventure Force or our directors, employees, partners or suppliers be liable for any indirect, punitive, incidental, special or consequential damages arising from or related to your use of the Site including: (a) loss of revenue, income, profit, opportunity, or goodwill; (b) loss of business relationships, business interruption or loss of programs or information; (c) business disruption or expenses; (d) lost or corrupted data or software; (e) loss of anticipated savings; (f) loss of goodwill; or (g) any other economic loss.
This limitation applies regardless of legal theory and whether damages were foreseeable or we were advised they were possible.
Our maximum aggregate liability arising from or relating to your use of the Site is limited to the greater of: (a) the amounts you paid to Adventure Force for products or services in the 12 months prior to the liability arising or (b) $100.
Certain jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
11. Indemnification
You will defend, hold harmless and indemnify Adventure Force and our directors, employees, contractors, agents, vendors and suppliers from any losses, liabilities, damages, awards, penalties, injuries, claims, actions or demands arising from your use of the Site including your User Content; your alleged breach of these Terms; or alleged infringement of any third party rights by you in connection with your use of the Site. You agree to promptly notify us and provide details regarding any claim that Adventure Force is obligated to defend. We reserve the right to assume exclusive defense and control of any claim subject to indemnification.
12. Termination
These Terms are effective unless and until terminated by you or Adventure Force. We reserve the right to terminate your access and use of the Site at any time and for any reason in our sole discretion, with or without notice.
We may terminate these Terms immediately if you breach any provision of these Terms. Upon termination, your right to access and use the Site shall immediately cease. You shall immediately stop using the Site and delete all copies of any documents, files or programs related to the Site.
Termination of these Terms does not limit any of Adventure Force’s rights or remedies at law or in equity. The disclaimers, limitations on liability, ownership of content, indemnity, and applicable law provisions survive termination of these Terms for any reason.
13. Dispute Resolution
You agree to first contact us directly to resolve any complaints or disputes that you may have regarding the Site or these Terms. Please address any concerns to our Customer Support team at [email protected].
If we are unable to resolve your concerns, all legal claims regarding these Terms, the Site, or your relationship with Adventure Force shall be resolved through binding arbitration using the services of JAMS, subject to the Federal Arbitration Act and other applicable law. The arbitration shall be conducted in Orange County, California unless you and Adventure Force agree otherwise.
Costs of arbitration shall be divided equally between you and Adventure Force unless the arbitrator determines that applicable law requires otherwise. Each party shall bear the cost of its own attorneys, experts and witnesses. Any judgment upon award rendered by the arbitrator may be entered in any court having jurisdiction.
Claims must be brought within the statute of limitations applicable under applicable law. Failure or forbearance to enforce this arbitration provision shall not constitute a waiver of any rights under this provision.
14. Governing Law
These Terms shall be governed by the laws of California without regard to principles of conflict of laws. If any provision is found unlawful, void or unenforceable, that provision will be deemed severable and shall not affect the validity and enforceability of remaining provisions. California’s choice of law rules shall not apply.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to the sale of products on the Site. Any action to resolve disputes relating to these Terms must be brought in a court of competent jurisdiction in Orange County, California.
15. Modifications
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Such changes become effective when posted publicly on the Site. Your continued use of the Site constitutes agreement to the changed terms. Material changes will be highlighted with a notice advising that the Terms have been updated.
16. Miscellaneous
No joint venture, partnership, employment or agency relationship exists between you and Adventure Force as a result of this agreement or your use of the Site.
Our failure to exercise or enforce rights under these Terms is not a waiver of those rights. No waiver by Adventure Force of any provision or breach shall be deemed a waiver of any subsequent breach of the same or other provision.
Section titles and headers in these Terms are for convenience only and have no legal or contractual significance. The word “including” means “including but not limited to”.
These Terms constitute the entire agreement between you and Adventure Force relating to their subject matter and supersede all prior or contemporaneous understandings regarding such subject matter.
Any rights not expressly granted herein are reserved. Questions regarding these Terms or the Site may be directed to:
Terms Inquiries
Adventure Force LLC
123 Main Street
Irvine, CA 92618
[email protected]
Let the Adventure Begin!
We can’t wait for you to begin exploring all the amazing blasters, accessories, games, and more available exclusively from Adventure Force! If you have any other questions about these Terms of Use, please contact us at:
Adventure Force LLC
123 Main Street
Irvine, CA 92618
[email protected]