TERMS OF USE

AGREEMENT TERMS

These Terms of Use constitute a legally binding agreement between you (“you“), either individually or as a legal entity, and CustomRed’s doing business as Mad Guns Digital DOO (“CustomRed’s“, “we“, “us“, or “our“) regarding your access to and use of the https://customreds.com website, as well as any other form of media, media channel, mobile website or mobile application related, linked or otherwise connected (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understand and agree to be bound by all of these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOUR USE OF THE SITE IS STRICTLY PROHIBITED AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Additional terms and conditions or documents that may be posted on the site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to review these terms of use periodically to be aware of any updates. Your continued use of the site after the date such revised terms of use are posted will be subject to, and you will be deemed to have accepted, the changes in the revised terms of use.

The information provided on the site is not intended for distribution or use to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or to any person or entity in any jurisdiction or country where such distribution or use would subject us to any registration requirements. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws to the extent local laws apply.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site is our exclusive property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content“) and the trademarks, service marks and logos (“Brands“) contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and the unfair competition laws of the Republic of Turkey, national and international copyright laws and national and international conventions. The Content and Marks are provided “AS IS” on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, assembled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and a limited license to download or print a copy of any portion of the Content that you access as appropriate solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, Content and trademarks.

USER DECLARATIONS

By using the Site, you represent and warrant that: (1) you have legal capacity and agree to abide by these Terms of Use; (2) you are of legal age in your jurisdiction of residence; (3) you will not access the Site by automated or non-human means, whether by a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than the purpose for which we have made the Site available. The Site may not be used in connection with any commercial venture, except as specifically authorized or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.

2. Trick, defraud or mislead us and other users, especially in attempts to learn sensitive account information such as user passwords.

3. circumvent, disable, or otherwise interfere with the security-related features of the Site, including features that prevent or restrict the use or copying of any Content or limit the use of the Site and/or the Content it contains.

4. disparage, defame or otherwise damage Our opinion, Us and/or the Site.

5. Use any information obtained from the Site to harass, abuse or harm another person.

6. Use our support services inappropriately or submit false reports of abuse or misconduct.

7. Use the Site in a manner contrary to applicable laws or regulations.

8. Use the Site to advertise or offer to sell goods and services.

9. Attempt to frame or link to the Site without authorization.

10. Interfere with any party’s uninterrupted use and enjoyment of the Site, including uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or any material, excessive use of capitalization, and spam (continuous posting of repetitive text), or to alter, damage, disrupt, invert or interfere with the use, features, functions, operation or maintenance of the Site.

11. Engage in any automated use of the system, such as using scripts to post comments or messages or using any data mining, robots or similar data gathering and extraction tools.

12. Remove any copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use another user’s username.

14. Sell or transfer your profile.

15. Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including, without limitation, prominent graphic interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)

16. interfere with, disrupt or overburden the Site or any networks or services connected to the Site.

17. harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any part of the Site to you.

18. Attempt to bypass any Site measure designed to prevent or restrict access to the Site or any part of the Site.

19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code.

20. decipher, decompile, disassemble or reverse engineer any software that makes up the Site or in any way forms part of the Site.

21. use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat program, scraper or offline reader that accesses the Site, or use or launch any unauthorized scripting or other software, except as may result from the use of a standard search engine or Internet browser.

22. Use a purchasing agent or purchasing agent to make purchases on the Site.

23. Make any unauthorized use of the Site, including collecting users’ usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

24. use the Site as part of an effort to compete with us or use the Site and/or Content for any revenue generating endeavor or commercial enterprise.

25. Make any unauthorized use of any image on the Site.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to participate in chat, blogs, message boards, online forums and other functions and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or publish content and material to us or on the Site, including, without limitation, text, writing, video, audio, photos, graphics, comments, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be viewable through other users of the Site and third party websites. Therefore, any Contribution you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contribution, you hereby represent and warrant that:

1. The creation, distribution, transmission, public display or performance and access, downloading or copying of your Contributions does not and will not infringe any third party’s proprietary rights, including, without limitation, copyright, patent, trademark, trade secret or moral rights.

2. You own or are the creator of the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, permission and/or authorization of each identifiable person in Your Contributions to use the name or likeness of such identifiable persons to enable Your Contributions to be included and used in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.

6. Katkılarınız müstehcen, ahlaksız, şehvetli, pis, şiddet içeren, taciz edici, iftira niteliğinde, veya başka bir şekilde sakıncalı (bizim tarafımızdan belirlendiği üzere) değildir.

7. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, or otherwise objectionable (as determined by us).

8. Your contributions will not be used to harass or threaten (in the legal sense of those terms) any other person or to incite violence against any person or class of persons.

9. Your contributions do not violate any applicable law, regulation or rule.

10. Your contributions do not violate the privacy or publicity rights of any third party.

11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable laws regarding child pornography, or in other words, are intended to protect the health or welfare of minors.

13. Your Contributions do not contain any offensive comments related to race, national origin, gender, sexual orientation or physical disability.

14. Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

ADDITIVE LICENSE

By submitting your contributions to any part of the site, you grant us a free, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to present, use, copy, reproduce, disclose, sell, resell, publish, broadcast, research, archive, store, cache, publicly display, reformat, translate, You automatically agree, represent and warrant that You automatically grant and authorize Your license to transmit, excerpt (in whole or in part), and distribute such Contributions (including but not limited to Your image and sound) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. Use and distribution may occur in any media format and through any media channel.

This license shall apply to any form, media or technology now known or hereafter developed and shall include our use of your name, company name and franchise name and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no other moral rights are otherwise asserted in your Contributions.

We do not claim any ownership over your Contributions. You retain full ownership of all Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not responsible for any statement or representation in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to release us from any and all liability and to refrain from any legal action against us with respect to your Contributions.

We have the right, in our sole and absolute discretion, to (1) edit, correct or otherwise modify any Contribution; (2) re-categorize Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contribution at any time and for any reason, without prior notice. We are under no obligation to monitor your Contributions.

COMMENT GUIDE

We may provide you with areas on the Site to leave comments or reviews. When posting a comment, you must comply with the following criteria: (1) you must have first-hand experience with the person/entity being commented on; (2) your comments must not be offensive, contain profanity or insults, racist or hate speech; (3) your comments must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your comments must not contain references to illegal activities; (5) if you post negative reviews, you must not be affiliated with competitors; (6) you must not draw any conclusions about the legality of the conduct; (7) you may not make false or misleading statements; and (8) you may not organize a campaign to encourage others to post positive or negative reviews.

We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen or delete reviews, even if anyone finds them objectionable or inaccurate. Reviews have not been endorsed by us and do not represent our views or the views of any of our affiliates or partners. We do not accept liability for any review or for any claim, liability or loss arising out of any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and licensable right and license to reproduce, modify, translate, transmit, transmit, display, perform and/or distribute it by any means.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site provided to us by you (“Submissions”) are non-confidential and shall be our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without notice or compensation to you. You hereby waive all moral rights in and to such Submissions and you hereby warrant that such Submissions are original with you or that you have the right to submit such Submissions. You agree that no recourse shall be had against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD PARTY WEBSITE AND CONTENT

The Site (or to which you are directed through the Site) may contain links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, audio, video, information, applications, software and other content, software and other content or items owned by or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not researched, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, made available through or uploaded from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Websites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of Third Party Websites or any Third Party Content does not imply endorsement or approval thereof by us. If you decide to leave the Site and access Third Party Websites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, with respect to the applications you browse or use or install from the Site. All purchases you make through Third Party Websites will be made through other websites and from other companies, and we assume no responsibility for such purchases, which are solely between you and the applicable third party. You acknowledge and agree that we do not endorse the products or services offered on Third Party Websites and you will not hold us liable for any damages caused by your purchase of such products or services. You further agree that you shall not hold us liable for any loss or damage of any kind arising out of or in any way connected with any contact with any Third Party Content or Third Party Websites.

SITE MANAGEMENT

We reserve the right, and assume no obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) in our sole discretion, take appropriate legal action against any person who violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any or any portion of Your Contributions; (4) in our sole discretion and without limitation, without notice or liability, remove from the Site or disable all files and content that are oversized or otherwise burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://madgunsdigital.com/en/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United Kingdom. If you access the Site from any other part of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United Kingdom, by continuing to use the Site you are transferring your data, and you consent to the transfer to the United Kingdom and the transfer of your data to and processing of your data in the United Kingdom.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright that you own or control, please notify our designated Copyright Agent immediately using the contact information provided below (“Notice”). A copy of your Notice will be sent to the person who posted or stored the material identified in the Notice. Please note that if you make material misrepresentations in a Notice, you may be held liable for damages under federal law. Therefore, if you are not certain that material contained on or linked to the Site infringes your copyright, you should first consider contacting counsel.

All notices must meet the requirements of the DMCA 17 U. S. C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work that is allegedly infringed, or if more than one copyrighted work on the Site is covered by the Notice, a representative list of such works on the Site; (3) identification of the material that is allegedly infringing or is the subject of infringing activity and that must be removed or access to which must be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an e-mail address where the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the information in the notice is accurate and that, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Counter-Notification

If you believe that your own copyrighted material has been removed from the Site as a result of an error or misidentification, you may send a written counter-notification to [us/our designated Copyright Agent] using the contact information provided below (“Counter-Notification”). To be an effective Counter-Notice under the DMCA, your Counter-Notice must include substantially the following: (1) a description of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is outside the United States, any jurisdiction in which we are located; (3) a statement from the party sending the notice or the party’s agent that you will accept service of process; (4) your name, address and telephone number; (5) a statement that you have a good faith belief, under penalty of perjury, that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter-Notice that meets the requirements described above, we will restore your removed or disabled material unless we first receive notice from the party that filed the notice that it has filed a court action to enjoin you from engaging in infringing activity with respect to that material. Please note that if you make a factually false statement that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees. Filing a false Counter-Notice constitutes perjury.

TERM AND TERMINATION

These Terms of Use will remain in full force and effect for the duration of your use of the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from opening and creating a new account under your own name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive relief.

CHANGES AND DISCONTINUANCES

We reserve the right to change, modify or remove the content of the Site at any time or for any reason, in our sole discretion, without prior notice. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

We cannot guarantee that the Site will always be available. We may experience hardware, software or other problems resulting in interruptions, delays or errors, or we may need to perform maintenance on the Site. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we are in no way responsible for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined in accordance with the laws of Turkey. Endi Grafik Tasarım Basım Yayın ve Matbaacılık San.Tic.Ltd.Şti. and you irrevocably agree that the courts of Turkey shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Terms.

DISPUTE RESOLUTION

Informal Negotiations

In order to expedite and control the resolution of any dispute or claim by you or us (individually, a “Party” and collectively, the “Parties”) relating to these Terms of Use (each a “Dispute” and collectively, the “Disputes”), the Parties agree to attempt to informally negotiate any Dispute (other than Disputes expressly set forth below) for at least thirty (30) days before arbitration commences. Such informal negotiations shall commence upon written notice by one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this agreement, including any question as to its existence, validity or termination, shall be referred to and finally settled by the Court of International Commercial Arbitration under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the rules of the ICAC adopted as part of this clause. The number of arbitrators shall be three (3). The place or legal seat of arbitration shall be Ankara, Turkey. The language of the proceedings shall be Turkish. The governing law of the Agreement shall be the substantive law of Turkey.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) there is no right or authority to arbitrate any dispute on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be asserted in a representative capacity on behalf of the general public or any other person.

Exceptions to Informal Negotiation and Arbitration

The Parties agree that the following Disputes are not subject to the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Dispute concerning the enforcement or protection or validity of any of a Party’s intellectual property rights; and (c) any request for injunctive relief.

If this provision is found to be unlawful or unenforceable, then no Party shall elect to arbitrate any Dispute that falls within the portions of this provision found to be unlawful or unenforceable, and such Dispute, and any such Dispute shall be decided by a court of competent jurisdiction in the courts having jurisdiction set forth above, and the Parties agree to submit to such jurisdiction and the Parties agree to submit to the personal jurisdiction of such court.

CORRECTIONS

The Site may contain information, including descriptions, pricing, availability and various other information, that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without prior notice.

DISCLAIMER OF LIABILITY

THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR ANY WEBSITE LINKED TO THE SITE, AND WE WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IF: (1) ERRORS, INACCURACIES OR MISSTATEMENTS IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR SUSPENSION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE BY ANY THIRD PARTY. NO WARRANTY IS MADE FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, THROUGH ANY WEBSITE, CUSTOMIZED ON ANY WEBSITE OR MOBILE APPLICATION OR OTHER ADVERTISING, WE DO NOT ENDORSE, NOR DO WE ACCEPT RESPONSIBILITY FOR, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WHEN PURCHASING A PRODUCT OR SERVICE IN ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.

LIABILITY LIMITATIONS

IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY, INCIDENTAL, SPECIAL DAMAGES, LOST PROFITS, LOST REVENUES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE OCCURRENCE OF ANY CAUSE OF ACTION. CERTAIN US STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPENSATION

You agree to defend, indemnify and hold us, including our affiliates, subsidiaries and all of our respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of any rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful action against any other user of the Site to whom you connect through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claims, actions or proceedings subject to this indemnification upon becoming aware of them.

USER DATA

We will retain data about your use of the Site, as well as certain data you transmit to the Site, for the purpose of managing the performance of the Site. Although we regularly and routinely back up data, you are solely responsible for all data relating to any activity you transmit or perform using the Site. You agree that we shall have no liability to you for any loss or corruption of such data and you waive any right of action against us arising out of any loss or corruption of such data.

ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending us emails and completing online forms constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, ordinance, rule, resolution or other law in any jurisdiction requiring original signature or delivery or retention of non-electronic records or the issuance of payments or credits.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services, Division of Consumer Services, California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

CUSTOMER

These Terms of Use and any policies or operating rules posted by us on or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure of action arising from any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is found to be illegal, invalid or unenforceable, such provision or part of a provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us by reason of your having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to execute these Terms of Use.

CONTACT US

To resolve a complaint about the Site or for more information about the use of the Site, please contact us at

CustomRed’s
Mad Guns Digital DOO
TRG Sunca br.4 Kanc.24
85310 Budva, Montenegro
hello@customreds.com