Last Modified Date: March 23, 2021
These Terms of Service (these “Terms”) constitute an agreement between you, the user, and Shoootin, Inc. and its subsidiaries and affiliates (“Shoootin”, “we” or “us”). These Terms govern your access to and use of the website located at https://www.shoootin.com/en_us/ and related websites and desktop, mobile and other applications (collectively, the “Website”), including any content, functionality and services offered on or through the Website, and any of our other products or services (collectively, the “Services”), whether or not you register as a user.
Please read these Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.
Acceptance of Terms
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with Shoootin. If you do not meet these requirements, you must not access or use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Overview of the Services
Changes to these Terms
Availability and Description of Services
We attempt to be as accurate as possible but cannot warrant that the Services descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. All descriptions of the Services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made on the Website is void where prohibited.
You understand that Shoootin provides the Services over the Internet, that such connections may be unpredictable, insecure, and unstable, and that Shoootin cannot guarantee uninterrupted access to the Services. Shoootin disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection issue. You agree to waive any and all claims against Shoootin in connection therewith.
We are constantly changing and improving the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop the Services altogether. You may stop using the Services at any time. We may also stop providing the Services to you, or add or create new limits to the Services or restrict your access to all or a part of the Services at any time without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
It is your responsibility to update the information associated with your User Account if such information has changed. In particular, you may receive important correspondences and notifications by email and telephone. Shoootin is not responsible for any delay or breach resulting from your failure to update the information associated with your User Account.
You agree to keep your password confidential and to protect your account. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
Services Requiring Payment of a Fee
Placing an Order
To purchase a Service that requires the payment of a fee, you must place an order for the Service (“Order”) through your User Account. When placing an Order, you will be required to provide us information about the location for which you are purchasing the Service (“Location”), such as the type of property, address of the property, size of the property, and other related information. You will also be required to provide information about scheduling a time to meet with the photographer, videographer or other professional (“Service Provider”) that we have assigned to carry out the photo, video, 3D, or UAV shoot (“Shoot”) at the Location. You must also provide us with the information necessary for the Service Provider to access and meet you at the Location. This includes but is not limited to an access code, gate code, or front desk instructions, along with any details about the specific place within the Location you would like to meet. You also agree to include any special or specific instructions about the Shoot in your Order.
You agree and acknowledge that you are responsible for carefully reading the instructions and submitting complete and accurate information when placing an Order. Shoootin is not responsible for any inaccuracies or omissions in information that you provide, nor is Shoootin responsible for failures to meet special or specific instructions that are not explicitly included in your Order. Our provision of the Services is dependent on you providing us all the information necessary to carry out the Services, and we may decline to provide Services if you do not adequately or timely provide the sufficient information. We reserve the right to unilaterally cancel or suspend your User Account or Order if information you provide to us is inaccurate or misleading.
Prices for the Services are displayed on the Website or provided through the process of placing an Order. Prices for the Services are subject to change without notice; however, any price change will only apply for Services purchased after the change.
Photo, Video, or Other Shoot
Upon placing a complete Order, you will receive an email confirmation setting forth the designated time and location to meet the Service Provider for the Shoot. We reserve the right to replace an initially assigned Service Provider with another qualified Service Provider before or during the provision of the Services.
The Service Provider shall carry out the Shoot as specified in your Order. You acknowledge and understand that our Services are primarily used to capture the interiors or exteriors of a Location. If you wish for the image of an identifiable individual to be captured at a Location, you must indicate so when placing your Order and provide the required information about such individual. You must also affirm that you have the written authorization of such individual to be captured through our Services, which shall be provided to us upon our request. Except in the specific instance in which an individual has provided authorization to have their image captured through our Services, we will blur or otherwise alter any identifying portions of any individual whose image is captured during a Shoot.
Review and Acceptance of the Report
Shoootin will develop and/or edit the photos, videos, images, and scans generated from the Shoot (“Content”) to create a report for your review (“Report”). In rare instances, we may determine that Content or a Report does not meet the criteria that you have specified in your Order, in which case we will contact you to reschedule a Shoot at no additional cost to you. In this instance of a rescheduled Shoot, you acknowledge and agree that our obligations to provide timely Content and a Report will be based on the date of the rescheduled Shoot.
Following a Shoot, you will be notified by email that a Report is available for access and download through your User Account. If you are unable to access or download your Report, you must promptly notify us by email at [email protected]. In such case, we will make efforts to transmit your Report through other available means. You acknowledge and understand that we provide Services over the Internet and technology that we are regularly developing and maintaining; we are not liable for any security incidents, breaches, or delays arising from or attributable to an Internet connection or technology malfunction.
You will have access to review a Report for seven (7) days following the time the Report is initially made available to you. If you reasonably determine that a Report does not meet the specifications set out in your Order, please submit a complaint (“Complaint”) to us by email at [email protected]. Your Complaint must be based on objective factors, such as incorrect number of elements captured in the Report, incorrect Designated Individual captured in the Report, or other failure to meet objective criteria set forth in your Order. Objective criteria shall not include weather conditions present on the date of your Shoot. If you have an outstanding Complaint with us or if we determine that your Complaint is valid, you do not have the right to use or distribute any content from any Report subject to the Complaint. You agree that we make the final decision about whether a Complaint valid. If we determine that a Complaint is invalid, you must accept the Report.
If we determine that a Complaint is valid, we will contact you to reschedule a Shoot. If you agree, we may carry out another Shoot and produce an updated Report at no additional charge to you. Alternatively, you may elect to receive a credit on your User Account for the sum paid for the Order in connection with the Report. You may use this credit on future Orders; you will not be entitled to any refund or reimbursement for money through any other method.
If you take no action in the seven-day timeframe after a Report is made available to you, the Report will be deemed accepted.
YOU MUST NOT DOWNLOAD A REPORT IF YOU WISH TO SUBMIT A COMPLAINT ABOUT THE REPORT. You understand and acknowledge that downloading a Report from our Website constitutes your acceptance of the Report and your forfeiture of any right to contest the Report.
You understand and agree that our provision of the Services and delivery of the Report is dependent on your cooperation and timely provision of certain information and materials to us. You agree to timely and completely transmit any and all necessary information or materials, and be present at the Shoot or designate another individual in your place. You acknowledge that your failure to do so may result in our delay or failure to perform the Services, and that Shoootin shall not be responsible for such delay or failure.
Photography Shooting Services
When making an Order, you may select that you are purchasing photography services. If you have purchased photography services, your Report will be delivered to you within 24 hours of the conclusion of a photography Shoot.
Videographic Shooting Services
When making an Order, you may select that you are purchasing videographic services. This section specifically addresses our terms for videographic services. Except if contrary to this section, the entirety of these Terms apply to our provision of videographic services.
If you purchase videographic services, you may elect to integrate music into the final video product (“Video”). To enable us to integrate music content into the Video, you may provide to us the specific music content that you wish to be integrated into the Video. In this case, you represent and warrant that you have the right to use the entire music content provided to us and, specifically, for the purpose of being integrated into the Video. You understand and acknowledge that we disclaim any and all liability arising from the use of the music content that you provide to us in relation to the Video, and you agree to indemnify us for any and all liabilities arising from the use and integration of the music content into the Video.
If you wish to integrate music into the Video, you may also elect to utilize music that is part of Shoootin’s music catalog for a specified fee. In this instance, you are granted a worldwide, limited, revocable, license to utilize the musical piece specifically as it is integrated into the Video, and for no other purpose. The musical piece may not be sold as a standalone music file or included in any other media/stock product, library, or collection for distribution or resale; may not be used in, in conjunction with, or in any way that may be considered obscene, abusive, immoral, pornographic, derogatory, hateful, defamatory, libelous, fraudulent, illegal, or inciteful of an illegal act; may not be altered, edited, revised, or presented out of the context of the Video into which it is integrated; and may not be used in conjunction with sensitive subject matter without the prior written consent of Shoootin and/or any other party with ownership or usage rights to the musical piece.
If you wish to integrate music into the Video, you may also elect for us to engage a third-party music service provider to compose and produce music specifically for your request. In this instance, we will contract with a third-party music service provider to create and produce the music content, and you will be charged on your User Account for the amount invoiced to us by the third-party music service provider for your request. You may have the option to select whether the music content created by the third-party music service provider shall be used exclusively for the Video or may be used by you for more general purposes. You understand and acknowledge that in all cases in which we engage a third-party music service provider upon your request, you and your use of the music content created will be subject to the terms, conditions, and policies of the third-party music provider. You understand that you may be required to enter into a licensing agreement with the third-party music provider, in which case you agree that it is your responsibility, and not ours, to abide by the terms of such licensing agreement. We disclaim any and all liability arising from the use of the music content that is created by the third-party music service provider and you agree to indemnify us for any and all liabilities arising from the use and integration of the music content related to the Services.
In most instances, a Report for a videographic services will be delivered to you within seventy-two (72) hours of the end of the video Shoot. If we are unable to deliver a Report for videographic services within this timeframe, we will notify you and work with you to deliver the Report.
3D Shooting Services (Matterport)
When placing an Order, you may select that you are choosing 3D shooting services. This section specifically addresses our terms for 3D shooting services. Except if contrary to this section, the entirety of these Terms apply to our provision of 3D shooting services.
To provide 3D shooting services, we use Matterport, Inc. (“Matterport”) technology, which allows us to create immersive 3D tours of indoor and, in certain instances, outdoor locations (“3D Models”). To provide 3D shooting Services, we will utilize a service provider from Matterport to generate scans of your Location using Matterport technology (“Scans”). Matterport owns all Scans and 3D Models created, generated, and developed. Matterport stores the Models in our Matterport account, and we then provide you access to such 3D Models. Matterport is expected to send to us 3D Models within 48 hours of the completion of a Shoot, and we will then promptly provide you access to such 3D Models.
We will keep the 3D Models in our account for one (1) year, and after that time we will delete such models from our account. If you wish for us to keep a particular 3D Model for longer than this one-year period, you may either (i) create a Matterport account and store the 3D Model on your Matterport account, or (ii) pay the fees required for us to maintain the 3D Model on our Matterport account. Please inquire with us regarding fees applicable to the maintenance of information on our Matterport account beyond one year.
Our modelling services through Matterport will be billed on our Matterport account, and we will then post a corresponding amount on your User Account. We reserve the right to charge an additional fee in addition to the fee billed on our Matterport account related to the Services. All prices are subject to change.
We reserve the right to require and charge for a new 3D order if you or a designated third-party individual is not able to be on the premises at the Location for the entire duration of the 3D Shoot. We also reserve the right to charge applicable fees if there is any discrepancy between Location information submitted in your Order and the actual Location. Specifically, you may incur additional charges if the square footage information submitted in your Order does not correspond with the actual square footage of the Location determined at the Shoot.
We are not responsible for technological deficiencies or malfunctions of Matterport technology. In addition to the general limitations of liabilities contained in these Terms, Shoootin is not liable for any delays, malfunctions, and breaches resulting from the performance or nonperformance of Matterport or its technologies.
You must bring any claim or dispute with respect to any Scan or 3D Model developed by Matterport or through our Services directly to Matterport. You explicitly release Shoootin, its officers, employees, agents and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes related to Matterport.
UAV (Drone) Shooting Services
When placing an Order, you may select that you are choosing unmanned aerial vehicle (“Drone”) shooting services. This section specifically addresses our terms for Drone services. Except if contrary to this section, the entirety of these Terms apply to our provision of Drone services.
The availability and effectiveness of Drone shooting services are subject to factors that may not be in our control or may not be readily determinable or foreseeable at the time an Order is placed, including but not limited to weather and other natural factors and administrative constraints. You understand, acknowledge, and agree that we cannot guarantee that Drone shooting services will be available or effective on a preselected time and location. If in our sole discretion a Drone Shoot may not be carried out at the scheduled location or time, we will contact you to reschedule the Drone Shoot, if possible, at no additional charge to you. We are not liable for any delay or unavailability of Drone shooting services.
You understand and agree that if you affirmatively cancel or modify a Drone Shoot, you may incur additional charges.
You may be required to enter into a separate services agreement with us for the provision of Drone Services.
In some instances, upon your specific request, we may offer retouching Services for your Report and related content. Prices for retouching Services will vary depending on your specific request, and will be set by us. We reserve the right to decline retouching Services in our sole discretion.
Cancellation or Modification of Order
You may modify an Order up to three (3) hours prior to the scheduled time to meet your Service Provider. Modifications must be made by following the instructions through your User Account on the Website. Shoootin reserves the right to assess whether a modification requires an additional fee to be charged to you. We may require the fee to be paid in order for you to receive the Services. We also reserve the right to deny your modification of an Order if such modification renders the Order impractical or unfeasible to fulfil, or would not have been accepted as part of an initial Order. You may not modify an order less than three (3) hours prior to the scheduled time to meet your Service Provider to begin the Services. If you make any modification to your Order less than three (3) hours prior to the scheduled time to meet your Service Provider to begin the Services, your Order will automatically be cancelled and you will not be provided any refund, reimbursement, or credit for the modified Order.
When setting up a User Account or placing an Order, you may select from several methods of payment, which may include but are not limited to:
- One-time payment: You may elect to make a one-time payment by credit card at the time you place your Order.
- Pre-paid User Account: You may elect to pre-pay certain amounts on your User Account. When you place an Order, the amount charged for the Order will be deducted from the prepaid balance on your User Account.
- Monthly billing: You may elect to be billed at the end of each month for purchases and Orders made during the month. For this method of payment, you may be required to provide us bank account or other billing information from which we are authorized to withdraw the monthly billed amount on a recurring monthly basis.
- Custom billing arrangements: If you would like to be considered for an alternative billing arrangement specific to your situation and needs, please contact us at [email protected].
Through your User Account, you may also elect for any and all Shoootin invoices to be sent to a third-party entity that may pay the invoice for your User Account. You affirm that you have the authorization to provide information to us for any third-party entity who you add to your User Account and that you have notified the third-party entity that they are bound by our Terms and all incorporated documents. In any case, you understand and agree that you will billed for and are responsible for paying the amount of any invoice or outstanding balance on your User Account, regardless of whether you have provided information for a third-party entity to receive invoices or whether that third-party entity has paid any amounts on your User Account at any time.
In most cases, you may choose after viewing your Report to purchase more content than originally indicated while placing an Order. In this situation, you will be charged accordingly for the additional content purchased. Prices may vary and will be provided to you through our provision of the Services and Reports.
All outstanding balances that are not paid within seven days of delivery of an invoice by email shall be subject to a recurring late fee of 15% monthly and a one-time late penalty fee of $60.
All of the Services, including availability and price, are subject to change at any time and without prior notification. Availability and prices will not change, however, for Services that you have already confirmed through an Order. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Service, to impose conditions on any promotion, to bar any user from making any payment, and to refuse to provide any user with any Service.
If you wish to purchase any of the Services available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your bank account information to complete payments.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
All Purchases placed on or through the Website are subject to our acceptance. Your receipt of an Order confirmation does not signify that we have accepted your Purchase. We reserve the right at any time after receipt of your Purchase to accept or decline your Purchase for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for a Purchase that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated. We may require verification of information prior to the acceptance and/or fulfillment of any Purchase.
Data Privacy and Personal Information
Shoootin disclaims all liability for the disclosure of information that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.
You understand that your content (other than your payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.
Third Party Materials
When you access third-party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. Shoootin is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other users. You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you have a dispute with one or more third parties, including other users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
In addition to the Services offered by Shoootin, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third-Party Materials”). Third party products and/or services are governed by separate agreements or licenses with the third parties. Shoootin offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Materials, including any liability resulting from incompatibility between third party products and/or services and the products and/or services provided by Shoootin. You agree that you will not hold Shoootin responsible or liable with respect to the Third-Party Materials.
You grant Shoootin a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit on or through the Services (“User Content”) in connection with the Services and Shoootin’s (and its successors’ or affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Shoootin, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user through the Services. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Shoootin does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Shoootin does not knowingly permit infringement of intellectual property rights on the Services, and will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights. Shoootin reserves the right to remove User Content without prior notice. Shoootin will also terminate a user’s access to the Services if a user is determined to be a repeat infringer. Shoootin also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography and obscene or defamatory material. Shoootin may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
You understand that when using the Services, you may be exposed to User Content from a variety of sources, and that Shoootin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You waive, any legal or equitable rights or remedies you have or may have against Shoootin with respect thereto, and agree to indemnify and hold Shoootin, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Shoootin as to the origin of any Submission. You agree to indemnify Shoootin for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will be respectful and considerate of other users and do your part to make Shoootin a safe, supportive community for all users.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
- You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
- You will not threaten, dox, or otherwise harass other users or any officer, employee, agent, contractor, or affiliate of Shoootin.
- You will not post information that is unlawful, inaccurate, false, fraudulent, misleading, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, racist, harmful, or otherwise objectionable of any kind.
- You will not act in a manner that violates these Terms.
- You will notify us immediately of any content of the Services that violates these Terms.
We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Shoootin; (iii) disclose your identity or other information about you as required by law or to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS SHOOOTIN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Intellectual Property and Licenses Granted
USING THE SERVICES DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES OR ANY CONTENT OR REPORT CREATED THROUGH THE SERVICES. You may not use content from the Services, including User Content, unless you obtain permission from its owner or are otherwise permitted by law. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.
Upon payment of the applicable fees, Shoootin grants to you an exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable license to use, copy, display and distribute the Reports for your marketing and advertising purposes. You may not transfer or sublicense the Reports to any third party without our written approval.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Shoootin. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Except for the express licenses granted herein, nothing in these Terms shall be construed to grant you or Shoootin any right or interest in or to the other’s intellectual property rights.
Shoootin cannot protect or advise you on your intellectual property rights, and Shoootin cannot and does not take any responsibility for doing so.
Claims of Copyright Infringement
20-22 Wenlock Road
N1 7GU London
Email: [email protected]
Electronic Delivery Statement and Your Consent
Disclaimer of Representations and Warranties
SHOOOTIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
By placing an Order, you represent and warrant that all properties and Locations on which our Service Providers or other employees or agents are present are insured and that such insurance plan will cover all events and damage (including but not limited to property damage and bodily injury) that may occur through our provision of the Services. You shall provide proof of insurance upon our request.
Accuracy, Completeness and Timeliness of Information
We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
We are not responsible if information made available on the Website is not accurate, complete or current.
Term and Termination
The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions, and your obligation to pay all outstanding amounts on your User Account survive any termination.
Limitation on Time to File Claims
Choice of Law
Binding Arbitration and Jurisdiction
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Shoootin will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Shoootin for all fees associated with the arbitration paid by Shoootin on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission unless the arbitrator determines that a telephonic or live hearing is required. Except as otherwise provided in these Terms, you and Shoootin may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Shoootin shall be exclusively brought in the state or federal courts of New York.
Severability and Integration
No joint venture, partnership, employment, or agency relationship exists between you and Shoootin as a result of these Terms or your use of the Services.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shoootin in writing.
20-22 Wenlock Road
N1 7GU London