Terms and Conditions

Acceptance of Shoot Your Shot Season’s Terms and Conditions

This Terms of Service agreement (the “Terms”) governs your use of the Shoot Your Shot LLC. (“Shoot Your Shot”) service is available through our website located at www.shootyourshot.com, , and mobile software application known as “Shoot Your Shot” (the “Mobile App”). The collective functionality provided by the Shoot Your Shot LLC website and mobile app are referred as “services”.

Please read these Terms and conditions stated below, carefully. By accessing, browsing or using the website or our mobile app, completing the registration process for the creation of the profile, and/or downloading the Shoot Your Shot mobile app, you represent; that you have attained the legal age that is necessarily required under the laws of the country in which you reside to form a binding contract with Shoot Your Shot LLC (we do not accept registrations below the age of 18 and thus any profile found under the age will be removed from the database), secondly you have the authority and own will to enter into the “Terms of Use” personally or on behalf of the company you represent (however you should prove your connection to that company as we do not accept fraud accounts nor appreciate any fraudulent activities; furthermore in order to use Shoot Your Shot LLC website or the Shoot Your Shot mobile app you will be needed to give your consent to your personal data being collected, stored, processed or transferred in the manner provided for in these terms and as per the Privacy Policy of Shoot Your Shot LLC, privacy policy can be found here shootyourshot.com/privacypolicy. If you do not agree to be bound by these Terms and Conditions, you may not be granted an access or use to the website, app or any of the services.

Please note these Shoot Your Shot LLC Terms and Conditions may include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes.


Eligibility to Use the Website or Mobile App

You must be 18 or above this age to use the services of Shoot Your Shot LLC either through website or Shoot Your Shot mobile app. We do not accept or allow users below the age of 18, any account found with fake identities or information will be removed and banned from the website and the mobile app. By using the services of Shoot Your Shot LLC you consent that:

  1. You are bound by the terms and conditions of Shoot Your Shot LLC (the website) and Shoot Your Shot (the mobile app).
  2. You are not guilty of any charge that involves cybercrime or cyberbullying or any associated term or barred from using any of the services under the laws and regulations of the United States of America or any other jurisdiction which may be applicable on you.
  3. You are agreeing to comply with the services, rules and regulations of this agreement and all the applicable local, national, and international laws and regulations.
  4. You agree to confirm that you have not been involved into any crime or fraudulent activity including a felony, hate speech, bullying, sex crime, or any other crime that may involve violence or fraud or may have caused harm to any other person emotionally, mentally or physically.

You Account Information

In order to access certain features of the Services provided by Shoot Your Shot you will be required to register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”), as part of the functionality of the Services, you may link your Account with Facebook account (SNS Account), by allowing Shoot Your Shot to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account.

You represent that you are entitled to disclose your SNS Account login information to SNS Account and/or grant SNS Account access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account (can be Facebook or Instagram) which you may connect and without obligating SNS Account to pay any fees or making SNS Account subject to any usage limitations imposed by such third-party service providers.

Please make sure to sustain and secure the confidentiality of your account’s credentials as we will not be responsible for any kind of data misuse by any of the third-parties and will not be held for any discrepancy or misuse of any data. You are liable for keeping the credentials of your Shoot Your Shot account, however at any time if you feel that your account information has been compromised or someone else might have gained access to the account then feel free to contact us at support@shootyourshot.com


Improving Services and Termination

Shoot Your Shot is always striving to enhance and improve the services provided through the website and the mobile app while bringing improved functionality and great user-experience to all users. This means that we will be adding new features within the mobile app or further enhancements in future and may also remove some features that are not suitable or may be replaced with something more exciting and useful, and if these actions do not materially affect your rights or obligations, Shoot Your Shot may not provide you with notice before taking them off or adding new features. Shoot Your Shot may even suspend the “Service” entirely, in which event we will notify our users through email unless some unusual circumstances may arise which may prevent us to do so, such as safety or security concerns.

Users may deactivate or delete their account at any time they want. They can do it by going to the settings of the Shoot Your Shot mobile app and delete their account accordingly. For all the in-app purchases users are advised to manage the billing from their associated account through their own platform (Google Play store or Apple’s App Store). We may ask you about the purpose of deleting your account (which is optional for you to answer). This survey helps us in understanding your concerns and let us improve our services accordingly.

Shoot Your Shot may also remove your account or ban you at any time without any prior notice if it believes that you have violated this Agreement or any of the Terms and Conditions. We are not liable to provide any documentation about the termination of any user account, we reserve the right to remove, terminate or ban any account from Shoot Your Shot LLC without any explanation. If you have any concerns regarding our terms and conditions you may contact us at support@shootyourshot.com


Safety and Behavior: How you interact with other users

Individual User Responsibility: As an individual user on Shoot Your Shot mobile app it is your sole responsibility to keep check of your interactions with other users of the Shoot Your Shot Season’s services and any other parties with whom you interact through the Shoot Your Shot platform; provided, however, that Shoot Your Shot LLC reserves the right, but has no obligation, to intercede in such disputes.

You agree that Shoot Your Shot LLC will not be responsible for any liability incurred as a result of such interactions. You understand that Shoot Your Shot LLC does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. Shoot Your Shot LLC makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. Hereby, Shoot Your Shot LLC reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.

Content Provided by Other Users: The Shoot Your Shot may contain content provided by other users (“User Content”). We make an effort to moderate profile content, but Shoot Your Shot LLC is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, Shoot Your Shot LLC have adopted and implemented a policy that provides for the review and removal of Prohibited Content which has been reported to us. As part of that policy, we may suspend, ban and/or terminate users who upload Prohibited Content (not socially or morally accepted). If you believe that one or our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at support@shootyourshot.com

You are liable for keeping a safe environment for yourself and other users by avoiding any kind of fraudulent activities, initiating hate speech or bringing hate views on religious beliefs or sexual orientation of other users. We reserve the right to ban such users from Shoot Your Shot LLC without any prior notice.


Rights Granted to Users (End-User Agreement and Restrictions)

You are permitted to use Shoot Your Shot and/or the Content and/or for lawful purposes as provided in these Terms and Conditions only. Shoot Your Shot provides you a personal, irrevocable, non-transferable license to use its website ad mobile app by keeping in view its terms of use. The purpose of granting you the access to this license is to let you use the Shoot Your Shot mobile app’s services and benefits as stated in this mutual agreement. There you agree to that:

  1. you will not, without Shoot Your Shot express written consent copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which Shoot Your Shot are being provided to you.
  2. use Shoot Your Shot to conduct or promote any illegal activities
  3. attempt to reverse engineer or jeopardize the correct functioning of Shoot Your Shot, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Shoot Your Shot Season
  4. attempt to gain access to secured portions of Shoot Your Shot LLC to which you do not possess access rights
  5. use Shoot Your Shot to generate unsolicited email advertisements or spam
  6. use Shoot Your Shot to stalk, harass or harm another individual
  7. use any high volume automatic, electronic, or manual process to access, search, or harvest information from Cuff & Curve Season (including without limitation robots, spiders or scripts)
  8. interfere in any way with the proper functioning of Cuff & Curve Season, or interfere with or disrupt any servers or networks connected to Cuff & Curve Season, or disobey any requirements, procedures, policies or regulations of networks connected to Cuff & Curve Season
  9. use any high volume automatic, electronic, or manual process to access, search, or harvest information from Shoot Your Shot (including without limitation robots, spiders or scripts)
  10. interfere in any way with the proper functioning of Shoot Your Shot, or interfere with or disrupt any servers or networks connected to Shoot Your Shot Season, or disobey any requirements, procedures, policies or regulations of networks connected to Shoot Your Shot
  11. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  12. mirror or frame Shoot Your Shot or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages
  13. use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text
  14. create derivative works from the Content or commercially exploit any part of the Content in any way
  15. use any portion of a Shoot Your Shot or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party
  16. alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

Shoot Your Shot LLC reserves all other rights not expressly granted herein. Except as expressly provided herein, nothing on Shoot Your Shot LLC will be construed as conferring any license under Shoot Your Shot Season’s and/or its Owner’s intellectual property rights. Nonetheless anything herein to the contrary, Shoot Your Shot LLC may revoke any of the foregoing rights and/or your access to Shoot Your Shot LLC website or Shoot Your Shot mobile app, or any part thereof, including the blocking of your IP Address, at any time without prior notice.


License to Your Content

Shoot Your Shot LLC 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 LLC 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 of your content that you make available on Shoot Your Shot Season’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 LLC 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.
  2. 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.
  3. 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 Season’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, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  2. 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
  3. Any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
  4. Unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party
  5. 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
  6. 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 LLC 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 LLC (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.


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 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 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 Season’s mobile app.

You hereby waive any and all claims against Shoot Your Shot LLC 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 LLC 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 Season, then please contact us at: support@shootyourshot.com