By using Shootlocate.com, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.
Shootlocate.com, its subsidiaries and affiliated companies ("We") offer Shootlocate.com to you, provided 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 Kingdom or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Shootlocate.com services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Shootlocate.com of any unauthorized use of your password or account or any other breach of security. Shootlocate.com cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Shootlocate.com reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via Shootlocate.com. You understand that by using Shootlocate.com you may be exposed to Content that is offensive, indecent or objectionable, and that you use Shootlocate.com at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Shootlocate.com and for any consequences thereof. You agree to use Shootlocate.com only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Shootlocate.com or servers or networks connected to Shootlocate.com. To report any activity or Content that may violate the Terms of Service, please go to the contact page.
Users outside of the United Kingdom agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United Kingdom or your country of residence.
For information about our data protection practices, please see our Privacy Policy at http://www.shootlocate.com/content/privacy-policy.aspx. By using Shootlocate.com, you acknowledge and agree that Shootlocate.com may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Shootlocate.com, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Shootlocate.com, 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.
Shootlocate.com's Rights
You acknowledge and agree that Shootlocate.com services including the website and any necessary software used in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Subject to the Terms of Service, Shootlocate.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; 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, unless such activity is expressly permitted or required by law. 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 Shootlocate.com. You agree not to access Shootlocate.com by any means other than through the interface that is provided by us for use in accessing Shootlocate.com. You further agree not to remove, obscure, or alter Shootlocate.com’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
You acknowledge and agree that third parties, including other Shootlocate.com users, may own right, title and interest in and to Content hosted on Shootlocate.com or otherwise presented to you through Shootlocate.com services, and that this Content may be protected by applicable intellectual property and other laws and treaties, including but not limited to laws governing copyright. You agree to comply with all requirements of these laws.
Your Rights
Shootlocate.com claims no ownership or control over any Content submitted, posted or displayed by you on or through Shootlocate.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Shootlocate.com and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Shootlocate.com, you grant Shootlocate.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through Shootlocate.com, including RSS or other content feeds offered through Shootlocate.com, and other related services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant Shootlocate.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting Shootlocate.com services. Shootlocate.com will discontinue this licensed use within a commercially reasonable period after such Content is removed from Shootlocate.com. Shootlocate.com reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You agree that Shootlocate.com has no responsibility or liability for the deletion or failure to store or make available any Content and other communications maintained or transmitted by Shootlocate.com. You acknowledge that Shootlocate.com has the right, at its sole discretion, to limit the number of transmissions you may send or receive through Shootlocate.com or the amount of storage space, bandwidth, or other resources you may use, and Shootlocate.com has the right to terminate or suspend your account based on usage that exceeds these limits. You may elect to purchase other services or resources such as additional storage space. Payments for such purchases are nonrefundable.
Upon the termination of your use of Shootlocate.com, including upon receipt of a certificate or other legal document confirming your death, Shootlocate.com will close your account and you will no longer be able to retrieve content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Shootlocate.com, use of Shootlocate.com, or access to Shootlocate.com.
Shootlocate.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Shootlocate.com (or any part thereof) with or without notice. You agree that Shootlocate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Shootlocate.com.
You may discontinue your use of Shootlocate.com at any time. You agree that Shootlocate.com may at any time and for any reason, including a period of account inactivity, terminate your access to Shootlocate.com, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Shootlocate.com, your account or any files or other content contained in your account. Sections 8 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms of Service, shall survive expiration or termination.
Some Shootlocate.com services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Shootlocate.com on its services are subject to change. You agree that Shootlocate.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Shootlocate.com services.
Shootlocate.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Shootlocate.com has no control over such sites and resources, you acknowledge and agree that Shootlocate.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 Shootlocate.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 agree to hold harmless and indemnify Shootlocate.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Shootlocate.com, violation of this Terms of Service or any other actions connected with use of Shootlocate.com, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Shootlocate.com will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF SHOOTLOCATE.COM IS AT YOUR SOLE RISK. SHOOTLOCATE.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOOTLOCATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHOOTLOCATE.COM DOES NOT WARRANT THAT (I) SHOOTLOCATE.COM WILL MEET YOUR REQUIREMENTS, (II) SHOOTLOCATE.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHOOTLOCATE.COM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SHOOTLOCATE.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHOOTLOCATE.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 OR THROUGH SHOOTLOCATE.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOOTLOCATE.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 SHOOTLOCATE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE SHOOTLOCATE.COM; (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 SHOOTLOCATE.COM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SHOOTLOCATE.COM; OR (V) ANY OTHER MATTER RELATING TO SHOOTLOCATE.COM.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Shootlocate.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Shootlocate.com.
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Shootlocate.com and govern your use of Shootlocate.com, superseding any prior agreements between you and Shootlocate.com for the use of Shootlocate.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Shootlocate.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Shootlocate.com shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Shootlocate.com agree to submit to the personal and exclusive jurisdiction of the courts located within the Greater London region of the United Kingdom.
Waiver and Severability of Terms. The failure of Shootlocate.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
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 Shootlocate.com or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.