PLEASE BE AWARE THAT SECTION 14 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
1. Use of the Services and Shotdeck Properties and Intellectual Property Rights. The Software, the Website, and the Services (as these terms are defined herein) (collectively, the “Shotdeck Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Shotdeck grants you a limited license to reproduce portions of Shotdeck Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Shotdeck in a separate license, your right to use any Shotdeck Properties is subject to the Terms. The Shotdeck Properties are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Shotdeck or its licensors. Shotdeck respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of the Shotdeck Properties or any other aspect of the Services, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Shotdeck reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Shotdeck Properties. Any authorization to copy material granted by Shotdeck in any part of the Services for any reason is restricted to doing so for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
1.1 Updates. You understand that Shotdeck Properties are evolving. As a result, Shotdeck may require you to accept updates to Shotdeck Properties that you have installed on your computer or mobile device. You acknowledge and agree that Shotdeck may update Shotdeck Properties with or without notifying you.
1.2 Certain Restrictions. Acceptable Use
The Shotdeck Properties may only be used for the personal, educational and professional purposes described above. In no event are you permitted to use any Shotdeck Properties for entertainment purposes or to utilize or distribute any Shotdeck Properties in any manner other than as expressly permitted hereunder. Without limiting the foregoing, you agree to use the Services solely for lawful purposes. In addition to the foregoing, the rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Shotdeck Properties or any portion of Shotdeck Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Shotdeck Properties (including images, text, page layout or form) of Shotdeck, or use the Shotdeck Properties in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using Shotdeck’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Shotdeck Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the Shotdeck Properties, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Shotdeck Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Shotdeck Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the Shotdeck Properties; (i) you shall not take any action in connection with your use of the Shotdeck Properties which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the Shotdeck Properties for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Shotdeck or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Shotdeck Properties. Any future release, update or other addition to Shotdeck Properties shall be subject to the Terms. Shotdeck, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Shotdeck Properties terminates the licenses granted by Shotdeck pursuant to the Terms.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED.
In addition to our remedies under applicable law or as described in these Terms, we have the right to automatically terminate your purchase, your access to the Shotdeck Properties, and/or your Account if we have a reasonable belief that you have violated this section, or utilized any of the prohibited processes described in this section. For the avoidance of doubt, if you use any automated tools to make purchases, respond to, or in any way use anything on the Shotdeck Properties, we can terminate your purchase, your Account and/or your access to the Shotdeck Properties.
2.1 Registering Your Account In order to access certain features of Shotdeck Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
2.2 Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Shotdeck Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Shotdeck Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Shotdeck immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Shotdeck has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shotdeck has the right to suspend or terminate your Account and refuse any and all current or future use of Shotdeck Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Shotdeck reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Shotdeck Properties if you have been previously removed by Shotdeck, or if you have been previously banned from any of Shotdeck Properties.
2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Shotdeck.
2.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Shotdeck Properties, including but not limited to, a mobile device that is suitable to connect with and use Shotdeck Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Shotdeck Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Shotdeck will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org
3.1 Shotdeck Properties. You agree that Shotdeck and its suppliers own all rights, title and interest in Shotdeck Properties (including but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, transcripts, and Shotdeck server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Shotdeck Properties.
3.2 Trademarks. Shotdeck and other related graphics, logos, service marks and trade names used on or in connection with Shotdeck Properties or in connection with the Services are the trademarks of Shotdeck and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Shotdeck Properties are the property of their respective owners.
3.3 Other Content. Except with respect to any content that you may post, you agree that you have no right or title in or to any Content that appears on or in Shotdeck Properties.
Username. Notwithstanding anything contained herein to the contrary, by submitting any of your content to any forums, comments or any other area on Shotdeck Properties, you hereby expressly permit Shotdeck to identify you by your username (which may be a pseudonym), if applicable, as the contributor of your content in any publication in any form, media or technology now known or later developed in connection with your content.
3.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Shotdeck through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Shotdeck has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Shotdeck a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Shotdeck Properties.
4. User Conduct
4.1 Cheating and Hacking. You agree that you will not, under any circumstances:
(a) Attempt to gain unauthorized access to Shotdeck Properties, accounts registered to others, or to the computers, servers or networks connected to Shotdeck Properties by any means other than the User interface provided by Shotdeck, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of Shotdeck Properties;
(b) Access, tamper with or use non-public areas of Shotdeck Properties, Shotdeck’s computer systems, or the technical delivery systems of Shotdeck’s providers;
(c) Attempt to probe, scan, or test the vulnerability of any Shotdeck system or network, or breach any security or authentication measures;
(d) Disrupt or interfere with the security of, or otherwise cause harm to, Shotdeck Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Shotdeck Properties or any affiliated or linked sites; or
(e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Shotdeck or any of Shotdeck’s providers or any other third party (including another User) to protect Shotdeck Properties.
4.2 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of Shotdeck Properties (including your Account), or access to or use of Shotdeck Properties;
(b) Upload, post, e-mail, 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;
(c) Use Shotdeck Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
(e) Market any goods or services for any business purposes.
4.3 Unauthorized Use or Access. You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of Shotdeck Properties or connect to or use Shotdeck Properties in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from our Shotdeck Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame Shotdeck Properties, or any individual element within Shotdeck Properties, Shotdeck's name, any Shotdeck trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Shotdeck express written consent;
(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Shotdeck Properties or that is in transit from or to Shotdeck Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Shotdeck Properties;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or Shotdeck Properties, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of Shotdeck Properties, or take any action that imposes or may impose (in Shotdeck's sole discretion) an unreasonable or disproportionately large load on the infrastructure for Shotdeck Properties;
(g) Bypass any robot exclusion headers or other measures Shotdeck takes to restrict access to Shotdeck Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl Shotdeck Properties, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to Shotdeck Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Shotdeck Properties; or (ii) any connection using programs, tools or software not expressly approved by Shotdeck;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Shotdeck Properties, or to obtain any information from Shotdeck Properties;
(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Shotdeck Properties;
(k) Upload, post, e-mail, 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;
(l) Solicit or attempt to solicit personal information from other Users of Shotdeck Properties;
(m) Use Shotdeck Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use Shotdeck Properties to send altered, deceptive or false source-identifying information; or
(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
4.3 General. In connection with your use of Shotdeck Properties, you shall not:
(a) Post any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, Shotdeck personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Post 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 non-disclosure agreements);
(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
(h) Stalk or otherwise harass any other User of our Shotdeck Properties; or
(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
5. Investigations. Shotdeck may, but is not obligated to, monitor or review Shotdeck Properties and Content at any time. Without limiting the foregoing, Shotdeck shall have the right, in its sole discretion, to remove any of the content you may post for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Shotdeck does not generally monitor user activity occurring in connection with Shotdeck Properties or Content, if Shotdeck becomes aware of any possible violations by you of any provision of the Terms, Shotdeck reserves the right to investigate such violations, and Shotdeck may, at its sole discretion, immediately terminate your license to use Shotdeck Properties, or change, alter or remove any content you may post, in whole or in part, without prior notice to you.
6. Third-Party Services.
6.1 Third-Party Websites, Applications &s; Ads.< Shotdeck Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Shotdeck Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Shotdeck. Shotdeck is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Shotdeck provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Fees and Purchase Terms.
7.1 General Purpose of Terms. The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose.
7.2 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) [or PayPal account] to Stripe, our third party payment provider(“Payment Provider”) in order to use the Services and purchase any products. Your credit card provider agreement governs your use of the designated credit card [or PayPal account], and the terms and conditions on the website of the Payment Provider governs your use of its website, and you must refer to the respective agreement or terms and conditions, and not the Terms, to determine your rights and liabilities. By providing to Stripe, on behalf of Shotdeck, with your credit card number [or PayPal account] and associated payment information, you agree that Shotdeck is authorized to immediately invoice your Account for all fees and charges due and payable to Shotdeck hereunder and that no additional notice or consent is required. You agree to immediately notify Shotdeck of any change in your billing address or the credit card [or PayPal account] used for payment hereunder. Shotdeck reserves the right at any time to change its prices and billing methods, either immediately upon posting on Shotdeck Properties or by e-mail delivery to you.
Any possible refund of fees and charges is dependent on the timing of any cancellation or termination by you of your Account and the type of Account you purchased. For yearly Account plans, you will receive a full refund only if you cancel within 21 days of your initial Account purchase. For monthly Account planss, you will receive a refund only if you cancel within three (3) days after such monthly purchase or after the start of your next monthly billing period
7.3 Orders. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by third party dealers, resellers or distributors.
7.4 Services. We reserve the right, but are not obligated, to limit the sales of our services or products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services or products that we offer. All descriptions of pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any services or product at any time. Any offer for any service or product made on this Website is void where prohibited.
7.5 Taxes. Fees stated on any order forms exclude any applicable sales and use taxes, value added tax or other taxes relating to provision or use of the Services. You are responsible for the payment of all such taxes (excluding taxes on Shotdeck’s income) and taxes applicable to the territory you reside in. You agree to indemnify Shotdeck for any liability or expense we may incur in connection with such taxes.
7.6 [Intentionally Left Blank].
7.7 Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.
7.8 Advertising Revenue. Shotdeck reserves the right to display Third-Party Ads and you acknowledge and agree that Shotdeck has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Shotdeck as a result of such advertising).
7.9 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.
8. Indemnification. You agree to indemnify and hold Shotdeck, its parent, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Shotdeck Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, Shotdeck Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Shotdeck reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Shotdeck in asserting any available defenses. This provision does not require you to indemnify any of the Shotdeck Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Shotdeck Properties.
9. Disclaimer of Warranties and Conditions.
9.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SHOTDECK PROPERTIES IS AT YOUR SOLE RISK, AND SHOTDECK PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SHOTDECK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) SHOTDECK PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SHOTDECK PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SHOTDECK PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SHOTDECK PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) ANY CONTENT ACCESSED THROUGH SHOTDECK PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SHOTDECK PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SHOTDECK MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHOTDECK OR THROUGH SHOTDECK PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, SHOTDECK MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SHOTDECK’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
9.2 Third Party Conduct. YOU ACKNOWLEDGE AND AGREE THAT SHOTDECK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHOTDECK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
9.3 Your Communications YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SHOTDECK PROPERTIES. YOU UNDERSTAND THAT SHOTDECK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SHOTDECK PROPERTIES.
10. Limitation of Liability.
10.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHOTDECK PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SHOTDECK PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SHOTDECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SHOTDECK PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SHOTDECK PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SHOTDECK PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SHOTDECK PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SHOTDECK PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SHOTDECK PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SHOTDECK PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SHOTDECK PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. SHOTDECK DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY SHOTDECK’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ANY STATE OR FEDERAL LAW OR ENGLISH OR EU LAW.
10.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL SHOTDECK PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SHOTDECK BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SHOTDECK PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SHOTDECK PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SHOTDECK PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHOTDECK AND YOU.
11.1 Violations. If Shotdeck becomes aware of any possible violations by you of the Terms, Shotdeck reserves the right to investigate such violations. If, as a result of the investigation, Shotdeck believes that criminal activity has occurred, Shotdeck reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Shotdeck is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Shotdeck Properties, including any content you may post, in Shotdeck's possession in connection with your use of Shotdeck Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that the content you may post violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Shotdeck, its Users or the public, and all enforcement or other government officials, as Shotdeck in its sole discretion believes to be necessary or appropriate.
11.2 Breach. In the event that Shotdeck determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Shotdeck Properties, Shotdeck reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to Shotdeck) that you have violated the Terms;
(b) Delete any of the content you may post provided by you or your agent(s) to Shotdeck Properties;
(c) Discontinue your registration(s) with the any of Shotdeck Properties, including any Services or any Shotdeck community;
(d) Discontinue your subscription to any Services;
(e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(f) Pursue any other action which Shotdeck deems to be appropriate.
12. Term and Termination.
12.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Shotdeck Properties, unless terminated earlier in accordance with the Terms.
12.2 Prior Use. Notwithstanding the foregoing, if you used Shotdeck Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Shotdeck Properties (whichever is earlier) and will remain in full force and effect while you use Shotdeck Properties, unless earlier terminated in accordance with the Terms.
12.3 Termination of Services by Shotdeck. 1.1 If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Shotdeck is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Shotdeck has the right to, immediately and without notice, suspend or terminate any Services provided to you. Shotdeck reserves the right to refuse service and/or prohibit or terminate access to the Shotdeck Properties, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms may jeopardize your continued use of the Shotdeck Properties and may result in the cancellation of your orders, among other consequences. You agree that all terminations for cause shall be made in Shotdeck's sole discretion and that Shotdeck shall not be liable to you or any third party for any termination of your Account.
12.4 Termination of Services by You. If you want to terminate the Services provided by Shotdeck, you may do so by (a) notifying Shotdeck at any time in accordance with Section 15.10 below, and (b) closing your Account for all of the Services that you use.
12.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including the content you may post. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of any content you may post associated therewith from our live databases. Shotdeck will not have any liability whatsoever to you for any suspension or termination, including for deletion of the content you may post. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12.6 No Subsequent Registration. If your registration(s) with or ability to access Shotdeck Properties, or any other Shotdeck community is discontinued by Shotdeck due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Shotdeck Properties or any Shotdeck community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Shotdeck Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Shotdeck reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
13. International Users. Shotdeck Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Shotdeck intends to announce such Services or Content in your country. Shotdeck Properties are controlled and offered by Shotdeck from its facilities in the United States of America. Shotdeck makes no representations that Shotdeck Properties are appropriate or available for use in other locations. Those who access or use Shotdeck Properties from other countries do so at their own volition and are responsible for compliance with local law.
14. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Shotdeck and limits the manner in which you can seek relief from us.
14.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any services or products sold or distributed through the Website, or to any aspect of your relationship with Shotdeck, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or Shotdeck may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
14.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 13428 Maxella Ave #251, Marina Del Rey, CA 90292. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Shotdeck will pay them for you. In addition, Shotdeck will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Shotdeck. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
14.4 Waiver of Jury Trial. YOU AND SHOTDECK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Shotdeck are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
14.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 13428 Maxella Ave #251, Marina Del Rey, CA 90292, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Shotdeck username (if any), the email address you used to set up your Shotdeck account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.7 Severability. Except as provided in subsection 14.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Shotdeck.
14.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Shotdeck makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Shotdeck at the following address: 13428 Maxella Ave #251, Marina Del Rey, CA 9029.
15. General Provisions.
15.1 Electronic Communications. The communications between you and Shotdeck use electronic means, whether you visit Shotdeck Properties or send Shotdeck e-mails, or whether Shotdeck posts notices on Shotdeck Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Shotdeck in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shotdeck provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
15.2 Release. You hereby release Shotdeck Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Shotdeck Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Shotdeck Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Shotdeck Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
15.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Shotdeck’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.4 Force Majeure. Shotdeck shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects Shotdeck’s performance of its obligations under these Terms: (a) Shotdeck will contact you as soon as reasonably possible to notify you; and (b) Shotdeck’s obligations under these Terms will be suspended and the time for Shotdeck's performance of its obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event which has continued for more than 30 days. To cancel please contact Shotdeck.
15.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Shotdeck Properties, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.6 Limitation Period. YOU AND SHOTDECK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, SHOTDECK PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Shotdeck agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California. Further, the parties to this Agreement agree that the prevailing party in any such litigation shall be entitled, in addition to such awards/relief that might be granted, to reimbursement for its attorneys’ fees and costs in connection with such litigation.
15.8 Governing Law and Jurisdiction. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. TO THE EXTENT THAT A DISPUTE IS NOT SUBJECT TO ARBITRATION UNDER SECTION 14 OF THIS AGREEMENT, THAT ACTION SHALL BE BROUGHT IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA; AND WE BOTH IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OR FEDERAL COURTS IN LOS ANGELES COUNTY, CALIFORNIA FOR THE ADJUDICATION OF ALL NON-ARBITRAL CLAIMs. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. EACH PARTY IRREVOCABLY AGREES THAT THE COURTS OF ENGLAND AND WALES SHALL HAVE NON-EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER OR FORMATION (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS).
15.9 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. These Terms, and any contract between us, are only in the English language. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
15.10 Notice. Where Shotdeck requires that you provide an e-mail address, you are responsible for providing Shotdeck with your most current e-mail address. In the event that the last e-mail address you provided to Shotdeck is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Shotdeck’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Shotdeck at the following address: 13428 Maxella Ave #251, Marina Del Rey, CA 90292. Such notice shall be deemed given when received by Shotdeck by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
15.11 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.12 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15.13 Export Control. You may not use, export, import, or transfer Shotdeck Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Shotdeck Properties, and any other applicable laws. In particular, but without limitation, Shotdeck Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Shotdeck Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Shotdeck Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Shotdeck are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Shotdeck products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. International Provisions.
16.1 United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
16.2 Germany. Notwithstanding anything to the contrary in Section 10, Shotdeck is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
17. Copyright Agent. If you believe that any material on or in the Shotdeck Properties infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”):
A. Your name, address, telephone number, and (if available) email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of each place where alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
E. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
F. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to Shotdeck’s Copyright Agent at the following address:
Attention: Copyright Agent
13428 Maxella Ave #251
Marina Del Rey, CA 90292
Tel: (310) 845-6850
If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
18. Accessibility. We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
End of Terms