2. Copyright notice
2.1 Copyright (c) 2016, Airsoft Nation Limited. 2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
(d) stream audio and video files from our website
(e) use the tools and resources by means of a web browser subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. 3.3 You may only use our website for your own personal or airsoft business, and you must not use our website for any other business purposes. 3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities unless through our website or application. 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is correct.
5. Account Registration & Users
5.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you (mobile app users do not require email verification) 5.2 You must not allow any other person to use your account to access the website. 5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account. 5.4 You must not use any other person’s account to access this website
6. User Login Details
6.1 If you register for an account with our website, you will be asked to create a username and password 6.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 10. You must not use your account or username for or in connection with the impersonation of any other person. 6.3 You must keep your password confidential 6.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7. Cancellation and Suspension of Account
7.1 we may:
(a) suspend your account
(b) delete your account
(c) edit your account details at any time in our sole discretion without notice of explanation.
7.2 You may request cancelation of your account via email directly ([email protected]). This process is non-reversible
8. Social Networking
8.1 Registered users will have access to additional features on our website which relate to social networking, some of these include
(a) Your own profile, activity wall, gallery which can be restricted to ‘Friends’ only or other users who are registered to our website
(b) Facilities to create, manage and join/leave groups for community interactions.
(c) Access to Live Chatrooms and instant messages through our website and mobile applications
(d) The ability to post and publish text, images and other forms of content on our website.
8.2 You acknowledge that we cannot be held responsible for the behaviour of other users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading. Subject to Section 13 you will not hold us liable in respect of any loss of damage arising out of any user behaviour or user information. 8.3 You agree to the publication of posts relating to you, by others, on our website. You acknowledge that such posts may be critical or defamatory or otherwise unlawful, and, subject to Section 12-13, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
9. Personal Profiles
9.1 all information that you supply as part of a personal profile on the website must be true, accurate, complete and non-misleading. 9.2 You musty keep your personal profile on our website updated 9.3 Personal profile information must also comply with Sections 5, 6, 8 and 10
10. Your Content
10.1 In these terms and conditions, ‘your content’ means all work and materials that you submit to our website for storage of publication. 10.2 You grant us permission to store, publish and distribute your content in any existing or future media and platforms in relation to this website. 10.3 You may edit your content within a few minutes of uploading but anything later than that will need to reported for us to take further action. 10.4 your content must not be illegal or unlawful, must not infringe any person’s legal rights and must not be capable of giving rise to legal action against any person. 10.5 In accordance to the terms and conditions your content must also not
(a) be libellous or maliciously false
(b) infringe any copyright, moral, database, design or trademark rights and break any intellectual property rights.
(c) infringe any right of confidence, right of privacy or right under the data protection legislation (General Data Protection Regulation)
(d) constitute an incitement to commit a crime, or promote criminal activity
(e) be in contempt of any court or breach any court orders
(f) be in breach of racial or religious hatred or discrimination legislation
10.6 Without prejudice to our other rights under the terms and conditions, if you breach any provision of these terms and conditions in any way, or if we see reasonably suspect that you have breached these terms and conditions we may delete, unpublish or edit any and all of your content.
11. Airsoft Nation Marketplace
11.1 All adverts published on Airsoft Nation by the user must be legal, decent, honest and truthful. UK ads must comply with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority. Once an advert has been submitted Airsoft Nation will endeavour to put the advert live as soon as possible but we reserve the right to refuse or delete adverts we believe are inappropriate. Airsoft Nation is not able to verify the truthfulness of any statements made by the user in the advert copy. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice. 11.2 By submitting an advert online, the user is requesting that their advert appears on the Airsoft Nation website. This means that the advert, including personal details such as username and email address can be viewed by all persons with Internet access. The user consents to the publication of their data in this way. The user can cancel the advert for any reason at any time by logging into their account. Airsoft Nation shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of use of this website or in respect of any of the users’ actions or omissions taken in reliance on any of the advice or information contained on this website. 11.3 By accessing this website the user is deemed to have accepted all of the terms and conditions that apply to its use. Airsoft Nation reserves the right to alter these terms and conditions at any time and it is the users’ obligation to check to find out if changes have been made. If the user does not agree to obey these terms and conditions then the user must stop using this site immediately. All rights, including copyright, in the content of these webpages and any photographs that may appear on the website and all database rights in Airsoft Nation’s database, are owned or controlled for these purposes by Airsoft Nation or the party credited as the poster of the information. 11.4 Finally, any RIFs sold through the Marketplace should be compliant with the Violent Crime Reduction Act (2006) and the Police and Crimes Act (2017) which means RIFs should only be sold to over 18s with a form of valid defence.
12. Limited Warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website or applications, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. 12.4 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of the terms and conditions , including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the terms and conditions .
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14.1 We may revise these terms and conditions from time to time. 14.2 The revised terms and conditions shall apply to the use of our website from the time of publication of the revised terms and conditions on the website.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Law and jurisdiction
16.1 The terms and conditions shall be governed by and construed in accordance with English law. 16.2 Any disputes relating to the terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
17. Our details
17.1 This website is owned and operated by Graham Hoffman 17.2 We are registered in England and Wales under registration name Airsoft Nation Limited, and our registered office is at 49 Tilbury Road, Rainham, Kent, ME8 7QE. 17.3 Our principal place of business is at 49 Tilbury Road, Rainham, Kent, ME8 7QE. 17.4 You can contact us by email: [email protected]
How we respect & protect your personal information
Airsoft Nation understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
means an account required to access and/or use certain areas and features of Our Site;
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;]
What Data Do We Collect?
Company name of Airsoft Sites/Retailers you attend or own
Contact information such as email addresses and telephone numbers
Demographic information such as post code
IP address (automatically collected)
Web browser type and version (automatically collected)
Operating system (automatically collected)A list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected)
2 We use your data to provide the best possible services to you. This includes:
Providing and managing your Account
Providing and managing your access to Our Site
Personalising and tailoring your experience on Our Site
Supply and personalising our services for you
Responding to communications from you
Supplying you with email notifications, alerts and newsletters that you have subscribed to. You may unsubscribe from emails within your Account Settings
Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience
3 In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the services We can provide you without your consent for Us to be able to use such data.
4 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
5 Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.
6 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
you have given consent to the processing of your personal data for one or more specific purposes;
processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which we are subject;
processing is necessary to protect the vital interests of you or of another natural person;
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
How and Where Do We Store Your Data?
1 We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.
Our Data Retention Policies are:
User Accounts – Not Logged in for 18 months, unless requested to terminate
Subscribers – Until Unsubscribed or Account Inactive for 18 months
User Private Messages – Expires on account deletion
Contact Forms – 12 Months
Analytics & Cookies – Never Expires, but is Anonymised
2 Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR.
Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements
3 Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
4 Steps We take to secure and protect your data include:
Transferring data through SSL
Anonymising and Pseudonymising data where possible.
User passwords Hashed with WordPress salts
Strong Password Enforcement & Two Factor Authentication for any Administrators.
File Scans & Security Breach Prevention
Brute Password Protection and Account Lockouts
We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur. With that stated, We promise to notify suitable authorities (Information Commissioner’s Office) of any data breaches. We will also notify you if there is a threat to your rights or interests.
Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
Do We Share Your Data?
1 We may share your data with other companies in Our group. This includes Our subsidiaries (Skirmishers Defence).
2 We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
3 We compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such statistics with third parties such as prospective investors, affiliates, partners and advertisers. Only high level statistics will only be shared and used within the bounds of the law.
4 In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
What Happens If Our Business Changes Hands?
2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.
How Can You Control Your Data?
1 When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and by managingYour Account.
Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
3 You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible services to you.
How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at [email protected] or using the contact details below in section 14.
What Cookies Do We Use and What For?
2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site to track site usage, optimise suitable advertisements and provide security settings. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.
3 All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.
4 Before any Cookies are placed on your computer or device, subject to section 12.5 and section 12.8, you will be shown a message bar informing your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You may block these Cookies at any time by launching your browser in Privacy Mode.
5 Certain features of Our Site depend on Cookies to function. England and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
6 The following first party Cookies may be placed on your computer or device:
Name of Cookie
Indicates when you’re logged in, and who you are in (for user access)
Remembers where you left off on your Activity Wall
These are hashed cookies for Security
WordPress sets this cookie when you navigate to the login page. It is used to detect whether the browser is set to allow, or reject cookies
and the following third party Cookies may be placed on your computer or device:
Name of Cookie
Ga, Gat and Gid
Site Analytics & Page Statistics
Ensuring user traffic is secure before logging in
7 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
8 The analytics service(s) used by Our Site use(s) Cookies to gather the required information. These cookies outlined in section 12.6 may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below in section 12.9.
9 You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
10 You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
11 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Summary of Your Rights under GDPR
Under the GDPR, you have:
the right to request access to, deletion of or correction of, your personal data held by Us;
the right to complain to a supervisory authority;
be informed of what data processing is taking place;
the right to restrict processing;
the right to data portability;
object to processing of your personal data;
rights with respect to automated decision-making and profiling (see section 14 below).
Automated Decision-Making and Profiling
1 In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.
2 The right described in section 14.1 does not apply in the following circumstances:
The decision is necessary for the entry into, or performance of, a contract between the You and Us;
The decision is authorised by law; or
You have given you explicit consent.
3 Where We use your personal data for profiling purposes, the following shall apply:
Clear information explaining the profiling will be provided, including its significance and the likely consequences;
Appropriate mathematical or statistical procedures will be used;
Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling
14.4 We currently make the following automated decisions:
14.5 We currently profile your personal data for the following purposes:
Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).