Terms of Service "TOS"
Entire Agreement. The TOS constitutes the entire agreement between you and SHOOTonline.com and governs your use of the Service, superseding any prior agreements between you and SHOOTonline.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SHOOTonline.com services, affiliate services, third-party content, or third-party software.
When you choose to use SHOOTonline.com web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and SHOOTonline.com.
SHOOTonline.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.
YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
SHOOTonline.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. SHOOTonline.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
ACCEPTANCE OF TERMS
DCA Business Media LLC "DCA" (dba SHOOTonline.com) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time online. In addition, when using particular DCA Business Media LLC owned or operated services, you and DCA shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. DCA may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
SHOOTonline.com provides users with access to a collection of resources, including news, information, research, classifieds, and forums which may be accessed online now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SHOOTonline.com to provide the Service. You also understand and agree that the Service may include certain communications from SHOOTonline.com, such as service announcements, administrative messages and the SHOOTonline.com digital ePubs, and that these communications are considered part of SHOOTonline.com membership and you will not be able to opt out of receiving some of them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SHOOTonline.com products, shall be subject to this TOS. You understand and agree that the Service is provided "AS-IS" and that SHOOTonline.com assumes no responsibility for the timeliness, deletion, reliance upon information provided, or posting of other user's information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SHOOTonline.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SHOOTonline.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). SHOOTonline.com is concerned about the safety and privacy of all its users. For this reason, SHOOTonline.com reserves the right to revoke the Service at any time with reasonable suspicion of abuse. Please see Member Conduct for acceptable reason of suspicion of abuse.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a username and password verification and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SHOOTonline.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SHOOTonline.com cannot and will not be liable for any loss or damage arising from your failure to comply with this "MEMBER ACCOUNT, PASSWORD AND SECURITY" Section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for temination of your account, at SHOOTonline.com's sole discretion, and SHOOTonline.com may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS
SHOOTonline.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time SHOOTonline.com requires a fee for portions of the Service that are now free, SHOOTonline.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the FAQ Section and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by SHOOTonline.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by SHOOTonline.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
USE OF REGISTRATION DATA
You agree that any registration data you provide may be shared with select third party firms ("Partner"), unless you state a preference not to be contacted. SHOOTonline.com shall inform Partner if you state a preference not to be contacted. However, SHOOTonline.com shall not be responsible or liable if Partner contacts you, permits a third party to contact you, or provides or discloses Your Registration Data to any third party.
You agree that SHOOTonline.com, Partner, or a designee of SHOOTonline.com or Partner may disclose Registration Data to third parties about you and information about Your use of the Service, provided that such disclosures do not include Your name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or services, or have otherwise authorized SHOOTonline.com and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.
SHOOTonline.com contains links to other related Internet sites external to SHOOTonline.com, resources, and sponsors of SHOOTonline.com. Since SHOOTonline.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of such site. Because SHOOTonline.com has no control over such sites and resources, you acknowledge and agree that SHOOTonline.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SHOOTonline.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SHOOTonline.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SHOOTonline.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SHOOTonline.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a SHOOTonline.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classified advertisements) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that SHOOTonline.com may or may not pre-screen Content, but that SHOOTonline.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SHOOTonline.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SHOOTonline.com or submitted to SHOOTonline.com, including without limitation information in SHOOTonline.com Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that SHOOTonline.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SHOOTonline.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SHOOTonline.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by SHOOTonline.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.
Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from SHOOTonline.com.
The Service may contain Content created by the Associated Press. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You are solely responsible for the content of any submission you make the Service. SHOOTonline.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You acknowledge that any submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by SHOOTonline.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
SHOOTonline.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SHOOTonline.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific SHOOTonline.com group or forum to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SHOOTonline.com removes such Content from the Service.
By submitting information to the Service, you hereby grant to SHOOTonline.com, its affiliates and related entities (collectively, SHOOTonline.com) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold SHOOTonline.com harmless for any liability arising due to the use or distribution of those materials. You further grant SHOOTonline.com the right to use your name in connection with the reproduction or distribution of such material. SHOOTonline.com, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the Service. The Service, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SHOOTonline.com removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the SHOOTonline.com that are intended by SHOOTonline.com to be available to the general public (“anonymous users”). By way of example, publicly accessible areas of the Service would include SHOOTonline.com classifieds, homepage, search page, publicity wire service, etc..
You must be at least seventenn (17) years old to register for the Service. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untrue, inaccurate, not current, or incomplete, SHOOTonline.com has the right to terminate your account and refuse any and all current or future use of the Service.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least seventeen years old. You hereby indemnify, defend and hold harmless SHOOTonline.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. SHOOTonline.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You expressly agree that use of the Service is at your own risk. Neither the Service, SHOOTonline.com, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained form use of the Service. The Service is provided on an "as is" basis and the Service and SHOOTonline.com specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.
The Service, SHOOTonline.com, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to: your use or inability to use the Service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, SHOOTonline.com, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the service in the 12 months prior to the claimed injury or damage.
SHOOTonline.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
You agree to indemnify and hold SHOOTonline.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SHOOTonline.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that any communications, comments postings or other uploaded Content will be retained by the Service, the maximum number of communications that may be sent from or received by an account on the Service, the maximum size of any communication that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SHOOTonline.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SHOOTonline.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SHOOTonline.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SHOOTonline.com reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
SHOOTonline.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SHOOTonline.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SHOOTonline.com may, under certain circumstances and without prior notice, immediately terminate your SHOOTonline.com account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations or assignment of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services or any of DCA Business Media LLC's other businesses and interests. Termination of your SHOOTonline.com account includes (a) removal of access to all offerings within the Service, including but not limited to any SHOOTonline.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in SHOOTonline.com's sole discretion and that SHOOTonline.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SHOOTonline.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
SHOOTonline.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SHOOTonline.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SHOOTonline.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SHOOTonline.com for use in accessing the Service.
a. This Agreement has been made in and shall be construed and enforced in accordance with U.S. Federal and Connecticut State law. Any action to enforce this agreement shall only be brought in the federal or state courts located in Bridgeport, Connecticut.
c. Official correspondence must be sent via postal mail to:
606 Post Road East, #650
Westport, CT 06880
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHOOTonline.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHOOTonline.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOOTonline.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOOTonline.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOOTonline.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
SHOOTonline.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT SHOOTonline.com respects the intellectual property of others, and we ask our users to do the same. SHOOTonline.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SHOOTonline.com the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SHOOTonline.com's agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Waiver and Severability of Terms. The failure of SHOOTonline.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SHOOTonline.com membership is non-transferable and any rights to your SHOOTonline.com account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.