TOPGUN Association Terms of Use

  1. Who We Are. The TOPGUN Navy Fighter Weapons School Association, or the “TOPGUN Association,” is a California non-profit corporation, headquartered in San Diego, California.

    The TOPGUN Navy Fighter Weapons School Association is a nonprofit entity consisting of former members of the United States Navy Fighter Weapons School, and is not part of the United States Navy. No endorsement, express or implied, of the Association or its activities is made by the Department of Defense, Department of the Navy, or the Naval Aviation Warfighting Development Center. The use of the Navy Fighter Weapons School crest is used with the express permission of the United States Navy.

  2. Definitions.The term “Website” means the online, Internet-accessible content owned by or licensed to the TOPGUN Association, which is located at the URL corresponding to https://topgunassociation.org/, and all constituent parts thereof. The terms “we,” “us,” and “our” as used herein refer to the TOPGUN Association. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this Website for any reason.
  3. Modifications. We reserve the right to modify these Terms of Use and any policies affecting the Website. Any modification is effective as of the beginning of the calendar month following the earlier of:
    • a) The posting of the changes or new terms on this Website;
    • b) The distribution via electronic mail of the changes or new terms; or
    • c) The distribution by conventional mail of the changes or new terms.

    Your continued use of the Website more than 30 days following the effective date of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s).

  4. Purpose.We allow members of the public to access and view materials on this Website. We further allow members of the TOPGUN Association (“Members” or a “Member”) to submit their own content, comments, stories, opinions, views, photographs, videos, and other artistic works or forms of creative expression (the “Member Materials”) to the TOPGUN Association for consideration and inclusion on this Website, provided Users and Members agree to these Terms of Use. Any communications, interactions, or transactions between Users and/or Members are handled between such Users and/or Members and we are not involved and take no responsibility whatsoever in connection with those activities.
  5. Restrictions. You agree to the following restrictions:
    • a) You will not reprint, republish or distribute in any way, any information or materials found on our Website.
    • b) You will not submit for consideration any Member Materials or other content, text, works, photographs, videos, software programs or files, or portions thereof that are or may be considered obscene, indecent, profane, or pornographic, as determined by the TOPGUN Association in its sole discretion (“Objectionable Content”).
    • c) You will not use any of the information on our Website for sending emails or other communications for solicitation purposes or for any other purposes involving solicitation in any way.
    • d) You will not access data not intended to be accessed by Users or Members of the Website or attempt to probe, scan or test the vulnerability of our Website or attempt to interfere with any service available on our Website, change postings of others on our Website, take other actions which impose an unreasonable or disproportionate load on our Website, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from our Website, forge any email address, newsgroup or name in connection with this Website and/or use a password, name or identification which is not your own in accessing our Website.
    • e) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our Website.
  6. Uploading Member Materials. If you are a Member, the TOPGUN Association may, but is not required to, allow you to submit Member Materials for consideration and inclusion to this Website. By submitting Member Materials to the
    TOPGUN Association for consideration and inclusion to this Website, you grant us a perpetual, irrevocable, non-exclusive, fully sub-licensable, worldwide, fully paid-up, royalty-free license to any and all such Member Material, which may include copyright, trademark, trade secret, and/or patent rights owned or licensed by you (the “License”). The License shall include the right to use, make, sell, reproduce, copy, display, publicly perform, publish, distribute, and have used, made, sold, reproduced, copied, displayed, publicly performed, published, or distributed all Member Material.
  7. Power and Authority. You represent and warrant that you have the full power and authority to enter into and grant the License to the TOPGUN Association and any and all Member Materials submitted by you is:
    • a) owned by you;
    • b) licensed to you, with the ability to sublicense; or
    • c) in the public domain.
  8. Intellectual Property Rights. You understand and recognize that the materials on this Website are protected by the intellectual property laws of the United States, including copyright, trademark, patent, and trade secret law. Intellectual property rights embedded in the Member Materials are owned by the respective Member and his/her/its licensors; all other content of the Website is owned by us and our licensors. You agree you will not copy any of the graphics, images, artwork, text, video or audio on this Website, including Member Materials, without the express written permission of the owner of that material.
  9. Objectionable Content. The TOPGUN Association does not permit Objectionable Content on this Website. Any and all Objectionable Content submitted to the TOPGUN Association will be rejected.
  10. Non-U.S. Residents. We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. Users. Visitors are responsible for compliance with their applicable local laws.
  11. Cancellations. We reserve the right to cancel your right to use this Website at any time without notice or cause.
  12. No Support For Software. We offer some files in common Adobe Acrobat format and may offer other files in other common formats. We do not offer technical support for any third party software including, but not limited to, Adobe Reader.
  13. Disclaimer of Warranties. The materials on this Website (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
  14. Limitation of Liability. You assume full responsibility and risk of loss resulting from your use of this Website and any information on this Website. Under no circumstances shall we or any of our directors, officers, employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. In any event, the total liability of us and our directors, officers, employees and representatives is limited to the amount, if any, actually paid for use of the Website and you hereby release us and our directors, officers, employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
  15. Links. You acknowledge that we have not reviewed the content of all sites linked to or from our Website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
  16. Indemnity. You agree to indemnify us and hold us, and our employees, subcontractors and suppliers, (we and all indemnified parties being referred to herein as the “Indemnified Parties”) harmless from any and all losses, including, but not limited to, attorney’s fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Terms of Use agreement, including any breach of the License or claim by any third-party that Member Materials you submit to the TOPGUN Association for consideration and inclusion on the Website violate the intellectual property rights of another. You further agree to indemnify and hold each of the Indemnified Parties harmless from any and all losses, including, but not limited to, attorney fees, that any one or more of the Indemnified Parties may incur as a result of any claims by you against any one or more of the Indemnified Parties even if such claim is based on the negligence of any one or more of the Indemnified Parties.
  17. Reporting Violations. If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately.
  18. Jurisdiction. The terms of this Terms of Use agreement will be governed and construed in accordance with the laws of the State of California and the United States applicable intellectual property rights and to contracts entered into and wholly performed in California. Any action based on or alleging a breach of this Terms of Use agreement or otherwise relating to this Website or the Terms of Use agreement shall be brought only in a state or federal court located in San Diego County, California. You agree that venue is proper in San Diego County, California and you consent to the personal jurisdiction of the state and federal courts located there; you waive any defense or claim of lack of personal jurisdiction of forum non conveniens. In any such action, if we prevail, we shall be entitled to also recover our legal fees and costs.
  19. General. These Terms of Use constitute the entire agreement between you and the TOPGUN Association with respect to this Website and any Member Materials. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our Website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect.
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