License
License to Your Content
Shoot Your Shot does not claim ownership of any content, images, videos, text, or other materials you upload to the Service (“Your Content”). You grant Shoot your Shot a non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, including for the purpose of operating and providing Shoot Your Shot to you and to our other end-users.
For the purposes of clarity, you may use “Your Content” solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in “your content”, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Shoot Your Shot, are responsible for all your content that you make available on Shoot Your Shot’s mobile app account.
Please make sure that the content provided by you in your profile should not contain nudity, violence, sexually explicit, or offensive subject matter. You must not post or submit for print services a photograph of another person without that person’s or user’s permission otherwise you will be held accountable for the activity and will be dealt with the jurisdiction’s laws and regulations.
Community and Posting Guidelines
The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with Shoot Your Shot relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply:
- 1. Shoot Your Shot will have the right, but not the obligation, to monitor or review any Community Forum or the postings done by the users at any time for any readily apparent violation of these Terms or illegal content.
- Shoot Your Shot is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum.
- You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content.
Shoot Your Shot reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the account made on Shoot Your Shot’s mobile app and/or website (if applicable). You are expressly prohibited from submitting any of the following types of content in any Community Forum:
- 1. Any content that is harmful (including harmful to minors), unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially or ethnically offensive, suggestive, harassing, threatening,
- 2. blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
- Any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use
- Any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
- Unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource
- Any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Shoot Your Shot or any Owners or other users to any harm or liability of any type.
Any in-app Purchases
From time to time, Shoot Your Shot may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Shoot Your Shot (each, a “Software Store”).
If you choose to make an in-app purchase, you will be prompted to enter details for your account with your mobile’s software store where your connected account for app’s transaction will be charged for any of the in-app purchases that you may purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your set account for transactions.
If you purchase an auto-recurring periodic subscription through an in-app purchase, your set transactions account will continue to be billed for the subscription until you cancel (it depends on you “user” if you want to unsubscribe from any of the in-app purchases at any time.
Deleting your account on Shoot Your Shot or deleting the Shoot Your Shot application from your device does not cancel your subscription. Shoot Your Shot will retain all funds charged to your transaction’s account until you cancel your subscription through your payments associated account.
Refunds
Shoot Your Shot is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you. However, we do not refund money for any in-app purchases nor the app store is liable for any such refunds.
Disclaimer
The Shoot Your Shot and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind with respect to the Shoot Your Shot’s and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Shoot Your Shot hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Shoot Your Shot, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. additionally, Shoot Your Shot does not make any warranties that the service will be uninterrupted, secure or error free or that your use of the service will meet your expectations, or that the Shoot Your Shot, its content, or any portion thereof, is correct, accurate, or reliable. Shoot Your Shot reserves the right to change any part of the Shoot Your Shot’s mobile app at any time without notice.
Limitation of Liability
Your use of the Shoot Your Shot is at your own risk. Neither Shoot Your Shot, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Shoot Your Shot’s mobile app or the website or arising out of any action taken in response to or as a result of any content or other information available on the Shoot Your Shot’s mobile app. However, caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Shoot Your Shot was advised of the possibility of such damages. If you become dissatisfied in any way with the Shoot Your Shot, these terms, or its privacy policy, your sole and exclusive remedy is to stop your use of the Shoot Your Shot’s mobile app.
You hereby waive any and all claims against Shoot Your Shot and its affiliates, agents, representatives, and licensors arising out of your use of the Shoot Your Shot mobile app. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk.
ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:
Please read this Arbitration Agreement carefully. It is part of your contract with Shoot Your Shot and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Applicability of Arbitration Agreement: All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Shoot Your Shot that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
This Arbitration Agreement applies to you and Shoot Your Shot, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Shoot Your Shot should be sent to: support@shootyourshot.com.
After the Notice is received, you and Shoot Your Shot may attempt to resolve the claim or dispute informally. If you and Shoot Your Shot do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Governing Law
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York (United States), consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Questions or Complaints
If you have any questions, complaints or claims with respect to Shoot Your Shot, then please contact us at: support@shootyourshot.com.
