Last updated January 1, 2023
Welcome to the terms and conditions for Nerf Guns® Water Guns, Handgun, Toys, Shotgun, Sniper Rifles located at thenerfgun.com (the “Site”). These terms and conditions create a legal agreement between you and Nerf Guns® governing your use of the Site and any services provided through it (collectively the “Services”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU HAVE READ AND UNDERSTOOD, AND, AS AN AUTHORIZED REPRESENTATIVE, ACCEPT AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.
1. Eligibility and Account Registration
You must be at least 13 years of age to access or use the Services. If you are under 18, you may only use the Services with involvement and approval of a parent or legal guardian.
To access certain features and benefits, you may be required to register an account by providing your email address (or log in via a third-party platform like Facebook). You agree to provide accurate and complete information when creating an account and to promptly update any details if they change.
2. Intellectual Property and Acceptable Use
All content and materials on the Site, including but not limited to images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, videos, community posts and any other content are protected by copyright, trademarks, patents and other proprietary rights and laws.
You are permitted to view and access content on the Site for personal, non-commercial use only. You may download or print a single copy of any page for offline, personal viewing. You may not otherwise reproduce, modify, copy, distribute, use, transmit, commercially exploit, remove any trademarks or proprietary notices, or transfer any content without express written permission from Nerf Guns®.
The following actions are prohibited:
- Copying and using any content for commercial purposes without explicit authorization.
- Using systematic methods to collect and use data from the Site.
- Any action that imposes an unreasonable load on our infrastructure.
- Attempting to access sections of the Site that you do not have authorization to access.
- Sharing any personal login credentials to allow others to access content through your account.
- Sharing or disclosing any confidential or proprietary information published on the Site.
- Falsely representing yourself or impersonating any other person or entity.
- Abusing or harassing any members of our community.
- Engaging in any illegal or fraudulent activities.
- Posting or transmitting any viruses, malware or malicious code.
- Publishing or posting material that is offensive, vulgar, obscene, hateful or racist.
Violating any of these rules may result in termination of your account. You are also responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
3. User Content
We welcome you to post content on our Site in approved areas like forum discussions, comments, user profiles, and the like. By posting content, you represent that you have the right to grant the licenses specified below, and that your content does not violate any law.
For any content you post, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free and fully transferable license to use, copy, distribute, modify, run, publicly perform and display your content for any purpose on our Services and in promotional materials. You are solely responsible for any content you post and agree to release Nerf Guns® from any claims related to the content.
We reserve the right to delete or remove posts or content without prior notice for any reason, but are not obligated to monitor or exert editorial control over the Site.
4. Responsibility for Content
We strive to provide valuable, high-quality content on our Site, but cannot guarantee the accuracy or completeness of information. We periodically update old posts and content as new information becomes available.
All content on the Site is for informational and educational purposes only. It should not be relied upon as professional advice of any kind. We encourage you to verify any information with qualified experts.
We disclaim any liability, loss or risk incurred from the use of our Site or its content, either directly or indirectly. Any use of the information on our Site is solely at your own risk, with no warranties of any kind.
5. Purchases and Payments
If you purchase any digital services, physical products, courses, downloads, or other goods (collectively “Products”), all transactions are processed by trusted third-party merchants like Stripe and PayPal. We are not directly involved in the payment processing.
The purchase details like price, product details, availability are all specified by the merchant. Please review the merchant’s terms and policies closely before completing any purchase. Refunds for any Products must be processed directly through the relevant merchant’s refund policy.
We make no warranties or guarantees regarding any purchases and are not liable for any issues with Products or transactions. We have no responsibility for the quality, safety, reliability or legality of advertised Products.
By using our Services and making any purchases through links found on our Site, you agree to hold Nerf Guns® harmless, including from any product liability or damages caused by Products. All transactions are solely between the merchant and the customer.
6. Indemnification
As a condition of your access to and use of the Services, you agree to indemnify, defend and hold harmless Nerf Guns®, our owners, officers, affiliates, partners, licensors, employees, and agents, from any claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees) that arise directly or indirectly from:
(a) any content you post, upload, use, distribute, or otherwise transmit through the Services;
(b) your violation of these Terms and Conditions;
(c) your violation of any rights of another; or
(d) your conduct in connection with the Services.
You agree to cooperate fully with us in any related investigation or litigation, including providing us necessary documentation.
7. Disclaimers and Limitation of Liability
The Services are provided “as is” without warranty of any kind. We expressly disclaim any and all express and implied warranties including:
- any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
- that the Services will meet your requirements or expectations, or will be available on an uninterrupted, timely, secure, error-free basis;
- that the results obtained from the use of the Services will be accurate, timely or reliable;
- that the quality of any products, services, information or other material accessed through the Services will meet any particular criteria.
We make no representations or warranties regarding any content shared through the Services, including advice, suggestions, products or services provided or sold by third parties. Any reliance on advice or suggestions shared through the Services is done at your sole risk.
We do not endorse or control and are not responsible for the products, services, information or other content shared through the Services by third-parties. You should use appropriate caution and discretion when deciding whether to purchase any products or services advertised through our Services.
IN NO EVENT SHALL NERF GUNS®, ITS OWNERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING FROM OR RELATED TO THE SERVICES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NERF GUNS® AND YOU.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION.
8. Termination and Account Deletion
We reserve the right to suspend or terminate your access to the Services with or without notice if you violate these Terms and Conditions or applicable law, or for any other reason. We are not obligated to store or return any data if your account is deleted, suspended or terminated for any reason.
You may request deletion of your account at any time by emailing us at legal@thenerfgun.com. We will aim to delete your account within 30 days, though some data may persist in backups for a reasonable period of time for security, fraud detection or other permitted reasons. These Terms and Conditions will continue applying to any data we retain after account deletion.
The following provisions will survive termination or expiration of these Terms and Conditions: Intellectual Property, User Content, Disclaimers/Limitation of Liability, Indemnification, and portions of Purchases and Payments related to releases of claims.
9. Governing Law and Dispute Resolution
(a) U.S. Users – These Terms and Conditions are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute related to these Terms and Conditions or the Services will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration hearings will be held in Delaware.
(b) Non-U.S. Users – These Terms and Conditions are governed by Irish law. Any dispute related to these Terms and Conditions or the Services will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland. You also agree to submit to the personal jurisdiction of these courts for the purpose of any suit, action or legal proceeding arising out of the Terms and Conditions or Services.
10. General Provisions
We reserve the right to modify these Terms and Conditions at any time. Updated versions will be posted on the Site with an updated effective date. Continued use of the Services constitutes acceptance of the revised Terms and Conditions.
These Terms and Conditions represent the entire agreement between you and Nerf Guns® related to use of the Services. They supersede any prior agreement.
Our failure to exercise or enforce rights under these Terms and Conditions does not constitute a waiver of such rights. If any provision of these Terms and Conditions is found unenforceable, it will be enforced to the extent permissible by law and the remainder will remain fully valid and enforceable.
All rights not expressly granted in these Terms and Conditions are reserved by Nerf Guns®. These Terms and Conditions create no agency, partnership, or joint venture between parties.
You may not assign or transfer any part of your rights or obligations under these Terms and Conditions without written consent from Nerf Guns®. We reserve the right to assign any part of our rights or obligations without restriction.
Any notices regarding these Terms and Conditions should be sent by email to legal@thenerfgun.com. We will send notices to you using the contact information provided in your account.
Thank you for reading our Terms and Conditions. We hope you enjoy using the Services from Nerf Guns® and engaging with our community! Let the foam flinging begin.
