Your use of soloshot.com (“Site”) and/or and the information, content, products, and services available through the Site is subject the following terms and conditions (“Terms and Conditions”). By accessing, using, and/or purchasing any product from the Site you agree to be bound by these Terms and Conditions. Do not use, access, or purchase any product from this Site if you do not intend to be legally bound by these Terms and Conditions. Soloshot, the owner of the Site, its employees, members, independent contractors, and/or its affiliates (collectively, the “Company”) reserve the right to change the Terms and Conditions and/or the products or services offered on the Site without notice or liability at anytime. The Company also reserves the right to deny anyone access to the Site at anytime for any reason.
Company reserves the right to change or update these Terms and Conditions by posting such changes or updates to the Site. Amendments to these Terms and Conditions will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Site from time to time to be sure you understand all Terms and Conditions, agreements and policies of the Site and are in compliance with them. You can tell if these Terms and Conditions have changed by checking the last modified date that appears at the end of these Terms and Conditions. Your continued use of the Site following the posting of any amendment, modification or change shall constitute your acceptance thereof.
You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all material or content contained within and supplied by Company as part of the Site shall remain at all times vested in Company or in the owner of such material and content, as the case may be. You are permitted to use and access this material and content only as expressly authorized by Company or the owner of the material and content. Nothing herein shall be construed as giving you or any other person or entity any ownership rights in or to any of the material or content contained within the Site or any intellectual property rights therein.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, create a derivative work out of, or otherwise use the contents of this Site for public or commercial purposes without the Company’s express written permission. Nothing on this Site shall be construed grant the user any license for the use of any intellectual property rights, whether by estoppel, implication, or otherwise.
All software contained in this site, including but not limited to all HTML code and Active X controls, is owned by the Company. Any reproduction or redistribution of the software is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent allowed by law.
Unlawful or Prohibited Use
Company grants you permission to access and make personal use of the Site as Company’s customer. However, you shall not:
(a) Reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose;
(b) Use the Site for any unlawful purpose;
(c) Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;
(d) Use any meta tags, search terms, key terms, or the like that contain the Site’s name or Company’s trademarks;
(e) Engage in any activity that depletes Site resources, slows the transferring or loading of any page, and/or interferes with the normal operation of the Site.
(f) Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site;
(g) Challenge the validity of any of Company’s intellectual property, the ownership of any intellectual property or the registration of any intellectual property; or
(h) Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
The Company reserves the right to investigate any illegal and/or unauthorized use of this Site and to take appropriate legal action.
Links to Other Sites
The Site may contain hyperlinks or references to other sites, or you may have come to the Site from a hyperlink or reference in another website. The Company takes no responsibility for the information, content, products, and/or services contained and/or offered on other sites and will not be liable for any damages arising out of your use of those sites. Any such hyperlinks and references linking the Site to any other site are provided for your convenience only, and the inclusion of such links does not imply that the Company endorses the linked sites, their content, and/or the persons and/or entities operating those sites. By using any link appearing on the Site you assume sole responsibility for any damages arising out of such use.
Company respects the intellectual property rights of others and requires that its users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Site, please notify Company by sending an email to the following address: firstname.lastname@example.org.
In order for Company to more effectively assist you, the notification must include all of the following:
(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
(b) A description of the copyrighted work or other right you claim has been infringed or violated;
(c) Information reasonably sufficient to locate the material in question on the Site;
(d) Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Company to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
Changes to Site
Other than as may be required by law, Company reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part of) with or without notice to you, and you confirm that Company shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site or any portion of it.
The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site. Communication and Personal Information
By accessing and using the Site you represent and warrant you are 18 years of age or older and possess the legal right and capacity to agree to be bound by the Terms and Conditions. You accept financial responsibility for all use of the Site under your name or account, including but not limited to, use of this Site by any minors living with you. You further agree to supervise all minors over the age of 13 who use this Site under your name. Additionally, you agree you will not permit any minor age 13 or younger to use this Site under your name.
The Site contains or may contain various interactive portions/services that may allow you and other users to post comment and other materials to the Site ("Online Services"). Company has no obligation to actively monitor the Online Services, but Company reserves the right to do so. Company is not responsible for the content of any comments, artwork, photographs, videos, or any other content that may be posted or uploaded to the Site by a user (“User Content”). Company does not vouch for or warrant the accuracy, completeness, or usefulness of any User Content. Company reserves the right, in its sole discretion, to edit, delete, or refuse to post any User Content for any reason whatsoever. All User Content reflects the views and opinions of the person speaking or writing, and such views and opinions are not necessarily those of Company.
Any user who believes that any User Content or any other content of the Site is inaccurate or objectionable should contact Company by sending an email to email@example.com and include detailed information about the nature and location of the alleged objectionable material so that Company may easily locate and investigate the same.
By using the Online Services, you agree that:
(a) You will not upload, post, email or otherwise transmit any material or other content that:
(i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy or right of publicity, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law;
(ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
(b) You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
(c) You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
(d) You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
Postings and uploads of User Content to the Site become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post any personal information online, you do so at your own risk.
If you use the Site, you are responsible for maintaining the confidentiality of your account(s) and password(s) and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account(s) or password(s), regardless of whether such use is authorized by you or not.
By using the Online Services and posting User Content to the Site, you grant to Company, and any of Company’s successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display User Content in any other media, now known or hereafter devised.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY THALO AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY COMPANY, AND ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS, ARISING OUT OF: (A) YOUR USE OF THE SITE OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCESS ACCOUNT; (B) ANY MATERIALS YOU UPLOAD OR POST TO THE SITE; AND (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS AND CONDITIONS.
The Company’s Warranties and Liability
COMPANY WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, OUT OF OR IN CONNECTION WITH THE SITE OR PRODUCTS OR SERVICES OFFERED ON THIS SITE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN COMPANY’S CONTEMPLATION AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. DISCLAIMER COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. THE SITE MAY CONTAIN TYPOGRAPHICAL MISTAKES, INACCURACIES, OR OMISSIONS, SOME OF WHICH MAY RELATE TO PRICING AND AVAILABILITY, AND SOME INFORMATION MAY NOT BE COMPLETE OR CURRENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE, OR PRODUCTS OR SERVICES OFFERED ON THE SITE WHETHER BY COMPANY, ON COMPANY’S BEHALF, OR BY OTHERS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED, AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
The Terms and Conditions shall be interpreted in accordance with the laws of the State of Delaware without respect to conflict of laws. You and the Company agree any litigation or dispute arising out of the Terms and Conditions shall be brought exclusively in the state courts of Delaware or any Federal Court sitting in Delaware, to whose jurisdiction you hereby irrevocably consent. The prevailing party in any dispute arising out of the Terms and Conditions shall be entitled to an award of reasonable costs and attorneys fees actually incurred. You agree that any and all disputes, claims and causes of action arising out of or connected with these Terms and Conditions or the Site shall be resolved individually, without resort to any form of class action.
If any provision of the Terms and Conditions shall be held invalid or inapplicable to any circumstance or in any jurisdiction, such invalidity or inapplicability shall not affect any other provision hereof which can be given effect without regard to the invalid provision.
Any failure or delay of the Company to assert any rights or remedies it may have under the Terms and Conditions shall not constitute a waiver of the Company’s rights and remedies. Any rights not expressly granted by the Company are reserved.
Company may freely assign these Terms and Conditions or any of its rights and/or obligations hereunder to any person or entity.
You may send Company notices or communicate with Company by email to info@soloshot. If you do not receive a response from Company to any emails you send to Company within 7 business days, please send Company another email as your original email may not have been received