Agreement

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By accessing or using this website ("Site") owned and operated by Ourshot ("Ourshot", "us" or "we"), you ("you" or "User") signify that you have read, understand and agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use" or "Agreement"). Please review these Terms of Use carefully. This Agreement sets out the legally binding terms of your use of the Site.

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use or of the Site's Privacy Policy at any time without further notice by posting of a modified Agreement. Such revisions are effective immediately after we give notice thereof, which we may do by revising the "Date Last Modified" date of these Terms of Use or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Site after any such change constitutes your unconditional acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. You agree that we shall not be liable to use for any delay or other damages that might result from any changes to the Terms of Use, if any.

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This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site. You may terminate your account at any time, for any or no reason, by following the instructions on the Site. We may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Site, and we shall in no way be responsible to you for such termination. Even after your account is terminated, this Agreement will remain in effect.

We reserve the right, in our sole discretion, to deny, restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile, account and/or other information, and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Site and/or its Users.

Privacy

This Agreement includes and incorporates our Site's Privacy Policy. Please review the Privacy Policy on our site.

Description of Ourshot.org

Ourshot.org ("Ourshot") is a venue for fund-raising, event promotion and commerce. OurShot allows certain users ("Project Creators", “Merchants”) to list projects and sell goods or services to raise funds from other users ("funders").

OurShot shall not be liable for your interactions with any organizations and/or individuals found on or through the OurShot service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings and interactions (online or offline) through OurShot. OurShot does not oversee the performance or punctuality of projects. OurShot is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. OurShot is under no obligation to become involved in disputes between funders and Merchants, or between site members and any third party. In the event of a dispute, you release OurShot, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Though OurShot cannot be held liable for the actions of a Project Creator, Project Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create or solicit at sponsored events. OurShot reserves the right to cancel a project listing, placement and refund all associated members' payments at any time for any reason. OurShot reserves the right to remove a project listing from public listings and sponsored events for any reason.

OurShot makes no guarantees regarding the performance or fairness of pledges made with credit cards, checks, money orders, PayPal or any other form of payment. Additionally, because of occasional failures of some credit cards, OurShot cannot guarantee the full receipt of the targeted amount.

Project Creators may initiate refunds at their own discretion. OurShot is not responsible for issuing refunds for funds that have been collected by Project Creators.

OurShot reserves the right to cancel, interrupt or suspend a listing at any time for any reason.

Fees and Payments

Joining the OurShot site is free but we do charge fees for certain services such as participation in events. All fees are collected for OurShot by PayPal or through Eventbrite. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that Policy are effective after we provide you with notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

You are responsible for paying all fees and applicable taxes associated with your use of the site. In the event a listing is removed from the Service for violating the Terms of Use, all fees paid will be non-refundable, unless in its sole discretion OurShot determines that a refund is appropriate.

Further Service Understandings

OurShot reserves the right at any time to modify or discontinue, temporarily or permanently, any aspect or feature provided by OurShot on the Site (or any part thereof) without notice. You agree that OurShot shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any aspect or feature provided by OurShot on the Site.

You acknowledge that interruption in service or events beyond the control of OurShot may occur and that OurShot shall not be responsible for any data lost while transmitting information on the Internet. You further acknowledge that the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of OurShot, access to the Site may be interrupted, suspended, or terminated from time to time.

Unless explicitly stated to the contrary, any new features that augment or enhance the Site, shall be subject to these Terms of Use. You understand and agree that the Site and all services provided therein are provided AS-IS and that OurShot assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Eligibility

Use of the Site is void where prohibited. You must be a natural person at least 18 years old (or older in some jurisdictions if the age of majority is older than 18) or otherwise have the express consent of your parents or legal guardians, but in no event younger than 13 years old, to use the Site. By agreeing to these terms or by using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Your Registration Obligations

You will create a password and account during the registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify OurShot of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. OurShot cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); (b) maintain and promptly update the Registration Data, and any other information provided to us, to keep it true, accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current, or incomplete or OurShot has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OurShot has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). OurShot reserves the right to decline our services to any User for any reason and without explanation based upon its findings in validating the User's registration. You consent to being contacted by OurShot for purposes of seeking feedback to ensure and evaluate the quality of the services.

User Content

OurShot does not claim any ownership rights in any works of authorship, images, photos, sounds, musical works, video, files, documents, applications, or any other materials that you submit to the Site ("User Content"). After directly sending ("submitting") your User Content to the Site, you continue to retain any ownership rights that you may have in your User Content, subject to the limited license below. By submitting any User Content on or through the Site, you hereby grant us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Site, including without limitation distributing part or all of the Site in any media formats and through any media channels solely for the purposes set forth in these Terms of Use.

a. The license you grant to OurShot is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that OurShot is not required to pay you for the use on the Site of the User Content that you post), sublicensable (so that OurShot is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Site's services), perpetual and worldwide (because the Internet and the Site's services are global in reach).

b. You represent and warrant that: (i) you own the User Content submitted by you on or through the Site or otherwise have the right to grant the license set forth in this Section, and (ii) submission of User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Site.

c. The Site performs technical functions necessary to offer the services on the Site, including but not limited to transcoding and/or reformatting content to allow its use throughout the Site.

d. OurShot may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of OurShot violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. OurShot assumes no responsibility for monitoring the Site for inappropriate User Content or conduct. If at any time OurShot chooses, in its sole discretion, to monitor the Site, OurShot nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

e. You are solely responsible for the User Content that you submit to the Site.

User Conduct

In using the Site, you understand that you are liable for all information, in whatever form, you make available to other end users ("Information"). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, undertakes the proscribed conduct described below, including without limitation, removing the offending conduct from the Site and terminating the account of such violators. You agree not to use the Site to:

• Modify/duplicate/share/transfer any offers obtained through the Site;
• upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a OurShot official or forum leader or falsely state or otherwise misrepresent your affiliation with a person or an entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted on the Site;
• upload, post, email, transmit, or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit, or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• perform any commercial, religious, political, or noncommercial solicitation including, but not limited to, the solicitation of users of this Site to become users of other services directly or indirectly competitive or potentially competitive with OurShot;
• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except to the limited extent permitted in those areas that are designated for such purpose and within the scope of such designation;
• accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person;
• upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• cover or obscure advertisements on any page of the Site via HTML/CSS or other means;
• shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• intentionally or unintentionally violate any applicable local, state, national or international law, or other applicable rules, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law; or
• stalk or otherwise harass a person or entity.

Tickets/Offers/Vouchers

• All Tickets and Offers (“Voucher”) you receive is redeemable by the seller of such goods and services (the “Merchant”) or users who list projects (the “Project Creator”).
• The Merchant and/or Project Creator, not OurShot, is the seller of the goods and services and is solely responsible for redeeming any Voucher you receive. 
• You agree to adhere to all terms indicated in the offer by The Merchant and/or Project Creator.

Additional Terms for Use of Tickets/Offers/Vouchers

The following terms regulates commerce between Funders and Merchants and is applicable to terms between Funders and Project Creators within reason as solely determined by OurShot based on stated Terms & Conditions of Use.
• Use of the Voucher for alcoholic beverages is at the sole discretion of the Merchant.
• The Voucher cannot be combined with any other vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Merchant.
• You agree to adhere to all other conditions indicated on the Voucher, including the start and end times, day and quantity.
• If you attempt to redeem the Voucher outside the start and end times of the offer, acceptance of the offer shall be at the vendor's sole discretion. The Voucher expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash value the Voucher to the extent required by applicable law. If you attempt to redeem the Voucher in excess of the quantity specified in the offer, acceptance of the quantity in excess of the agreed to amount shall be at the vendor's sole discretion.
• The Voucher may be applied only to merchandise sold by the Merchant and may not be applied to shipping or handling charges.
• Only one Voucher can be used per party of the size specified on the voucher, unless otherwise specified by the Merchant.
• Restaurant-specific Vouchers cannot be used for taxes, tips, or prior balances, unless permitted by the restaurant.
• As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by you, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
• We are not responsible for examining or evaluating, and we do not warrant the offerings of any Merchant. Such information is provided to you 'as is' without express or implied warranty, and you use such information at your own risk. Your legal rights in respect of any Merchant are governed by applicable laws and by any contracts, agreements or understandings which you enter into with the Merchant, including without limitation the applicable Merchant's terms of use.
• According to the laws of the respective states in which you received your Voucher, and in which you wish to redeem your Voucher, the Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher, if any, for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at the Merchant for the promotional offer, state laws may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher, if any, for a period of time beyond the expiration date stated on the Voucher. If applicable, this is a statutory provision which applies to the Merchant and is the sole responsibility of the Merchant (and in no way the responsibility of OurShot) to comply with such applicable laws and statutes which may govern the Merchant.

Termination

• You agree that OurShot, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Information within the Site for any reason including, without limitation, for lack of use, failure to timely pay any fees or other money due OurShot, or if OurShot believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. OurShot may also in its sole discretion and at any time discontinue providing any services, or any part thereof, with or without notice (online or offline).
• You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice.
• You agree that OurShot may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Site.
• You agree that OurShot shall not be liable to you or any third-party for any termination of your access to the Site.

Proprietary Rights

You acknowledge and agree that the Site and all content on the Site, including software applications, designs, text, graphics, pictures, information, and other files and their selection, coordination and arrangement (the "Site Content") contain proprietary and confidential information that is the property of OurShot, its Users or its licensors with all rights reserved, and protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized in writing by OurShot, you agree not to copy, modify, display, post, transmit, rent, lease, loan, sell, distribute, publish, or create derivative works based on the Site or its content, in whole or in part. You agree not to (and agree not to allow any third- party whose actions you control to) copy, modify, download, scrape, 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 Site. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to access the Site by any means other than through the interface that is provided by OurShot for use in accessing the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Except for your own User Content (as defined below), you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or Site Content other than as specifically authorized herein, without the prior written permission of OurShot, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communication regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.

By posting materials on the Site, you agree that you are granting to OurShot a royalty-free, perpetual, irrevocable license to use this information in the course of offering the OurShot service. Furthermore, you understand that OurShot retains the right to reformat, excerpt, or translate any materials submitted by you. You also permit any other end user to access, view, store, or reproduce the material for that end user's personal use. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that OurShot will not be liable for any errors or omissions in any content. You understand that OurShot cannot guarantee the identity of any other users with whom you may interact in the course of using the Site or through event participation. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

Trademark Information
OurShot trademarks and service marks, and other OurShot logos and product and service names are owned by and are the exclusive property of OurShot.

Copyright Policy
OurShot has a policy of responding to notices of alleged infringement on the Site that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If we remove material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any Users and/or block access to the Site any Users who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) - Infringement Notification

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
• Detailed identification of the copyrighted work that you believe has been infringed.
• Detailed identification of the material you claim infringes this copyrighted work.
• Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
• The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• Your signature.

Send the Infringement Notification to the following: contact.ourshot@gmail.com

Digital Millennium Copyright Act (DMCA) - Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
• Detailed identification of the material OurShot has removed.
• Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• Your signature.

Send the Counter Notification to the following email: contact.ourshot@gmail.com

No Resale of Site

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services provided on the Site, use of the Site, or access to the Site, other than as provided within the scope of these Terms of Use.

Third-Party Content

The Site may provide, or third-parties may provide, links to other Internet sites or resources. Because OurShot has no control over such sites and resources, you acknowledge and agree that OurShot 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 OurShot 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.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of OurShot. OurShot neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized spokespersons of OurShot while acting in official capacities.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of you knowledge.

OurShot shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any applicable law, regulation, or authorized government request. OurShot shall have the right to remove any material that OurShot, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnity

You agree to indemnify, defend, and hold OurShot, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim, liability, loss, expense, or demand, including reasonable attorneys'� fees, made by any third-party due to or arising out of (i) Information you submit, post, transmit, or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of the Terms of Use, including any violation of the End User Conduct section above, or (v) your violation of any rights of another.

Disclaimer of Warranties

 

OurShot has no special relationship with or fiduciary duty to you. You acknowledge that OurShot has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release OurShot from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. OurShot makes no representations concerning any Content contained in or accessed through the Site, and OurShot will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

You Expressly Understand and Agree that:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. OURSHOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OURSHOT MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR AT PROMOTED EVENTS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OURSHOT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS OF USE SECTION MAY NOT APPLY TO YOU.

We are not responsible for any User Content or any other third party content submitted to the Site, whether made or caused by Users or by any of the software, equipment or programming associated with or utilized in the operation of the Site.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SITE, ANY CONTENT SUBMITTED TO THE SITE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any User or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. The Site is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by you from us or from or through the Site shall create any warranty not expressly stated herein.

Limitation of Liability and Indemnity

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OURSHOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OURSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE SITE, ANY CONTENT ON THE SITE, AND THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TERMS OF USE SECTION MAY NOT APPLY TO YOU.

You agree to indemnify and hold OurShot and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Site (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
General Information

• Entire Agreement. The Terms of Use, together with our Privacy Policy, and any notices regarding the Site sent to you or posted on the Site, all of which are incorporated herein by reference, constitutes the entire agreement between you and OurShot and governs your use of the Site, superseding any prior agreements between you and OurShot. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party information or third-party software.
• No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other User of the Site.
• No Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
• Choice of Law. The Terms of Use and the provision of services to you are governed by the laws of the state of Delaware, U.S.A.
• Arbitration. Any controversy or claim arising out of or relating to the Terms of Use or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and OurShot agree to submit to the personal jurisdiction of the federal and state courts located within New York. Either you or OurShot may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of you or OurShot (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
• Invalid Provisions. The failure of OurShot to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
• Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
• Notices. Notices to you may be made via email or regular mail.
• Attorneys' Fees. In the event any legal action or proceeding is instituted to construe, interpret, enforce or avoid these Terms of Use, the finally prevailing party as determined by a court of competent jurisdiction shall be entitled to recover, in addition to all other available remedies, all costs and reasonable attorneys' fees and costs, which may be determined in the principal action or in a later action brought for that purpose.
 

Date Last Modified:
The Terms of Use were last modified on December 4, 2012.