SHOOTonline.com Subscription and Licensing Agreement
BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS
SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE SUBSCRIBER AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO
NOT COMPLETE THE ENROLLMENT PROCESS.
Please read the following terms and conditions carefully before
completing the enrollment process and agreeing to this Agreement.
The Agreement sets forth the terms and conditions on which DCA Business
Media LLC (dba "SHOOTonline.com") will furnish you ("SUBSCRIBER") a
limited non-exclusive, non-assignable license to access to
SHOOTonline.com's Online Services electronic database and/or print publication
subscription service, (collectively the "SERVICE") as the same now exists or
is hereafter modified. By completing this enrollment process, you agree
to be bound by the terms and conditions set forth herein, including but
not limited to the payment terms and limitations on the use of the
SERVICE data.
1. Ownership and Use
Information received by SUBSCRIBER from the SERVICE is provided solely
for the use of the SUBSCRIBER. Unless separately and specifically
licensed to do so in writing by SHOOTonline.com, SUBSCRIBER agrees not to
re-transmit, disclose or distribute any of the information received from
the SERVICE, to any other person, organization or entity. SUBSCRIBER
expressly agrees that the SERVICE shall be used solely for the benefit of
the SUBSCRIBER and data derived from the SERVICE (including print
publications, if applicable) shall not be redistributed by SUBSCRIBER.
SUBSCRIBER acknowledges that all editorial information including but not
limited to news, stories, listings and directory information, are the
exclusive property of SHOOTonline.com or of third-party partners which have
agreed to furnish such information to the SERVICE, and are fully
protected by copyright law, including United States copyright laws and the
copyright laws of other countries.
SUBSCRIBER may use the information in the SERVICE under the following
terms. SERVICE grants to SUBSCRIBER a personal, non-transferable license
to use the data contained in the SERVICE for research, planning and
marketing related purposes. SUBSCRIBER may not use the information for
development of data-related products or services, the creation of any
database product, or for data provision services.
2. Fees and Payment
SUBSCRIBER agrees to make periodic payments in consideration for the
SERVICE. SUBSCRIBER agrees that the length of the period they chose has
been determined by the subscription plan they agreed to during the
sign-up process. The periodic fees will be based on the rate schedule in
effect at the time SERVICE is used. Any applicable sales or use taxes
will be payable by SUBSCRIBER, and may be included in each periodic
statement. SUBSCRIBER'S use of the SERVICE will be subject to credit limits
established for SUBSCRIBER'S credit card by the issuer of such card.
Notwithstanding any provision herein to the contrary, the interest
charged under the terms of this Agreement shall never exceed the maximum rate
permitted by applicable law.
A copy of the rate schedule is available by emailing
info@shootonline.com, or by calling 1-203-227-1699. SHOOTonline.com
reserves the right to change the amount of the periodic fees and/or the
method in which these fees are billed to SUBSCRIBER at anytime upon
notice to SUBSCRIBER (notice shall be deemed given when such changes are
posted on SERVICE). It is understood and agreed that the features of the
SERVICE are subject to change without notice to SUBSCRIBER. By
completing the enrollment process, SUBSCRIBER acknowledges understanding that
periodic charges will be billed to SUBSCRIBER'S credit card.
SUBSCRIBER also acknowledges understanding that SUBSCRIBER will be
billed continually in consideration of each period until SUBSCRIBER
terminates subscription to SERVICE. SUBSCRIBER may terminate subscription to
SERVICE at any time by emailing info@SHOOTonline.com, or by calling
1-203-227-1699. Upon receipt of a termination request, SHOOTonline.com
shall email confirmation of cancellation to SUBSCRIBER. The SERVICE
shall be deemed terminated on the last day of the then in effect
subscription period. SUBSCRIBER agrees that the subscription fee is
non-refundable once paid.
3. Unauthorized Use
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and
any data derived therefrom) may result in immediate termination of the
Agreement, without refund of any pre-paid fees. SUBSCRIBER represents
and warrants that the information provided during the subscription
process is true and accurate. SHOOTonline reserves the right to terminate
SUBSCRIBER's access to the SERVICE in the event that SUBSCRIBER provides
any false information to SHOOTonline.com as part of the subscription
process, without refund of any pre-paid fees. In the event of such
termination, SUBSCRIBER will continue to be liable for applicable fees for
the period prior to termination, together with such other remedies as to
which SHOOTonline.com may be entitled.
4. Password Disclosure
SUBSCRIBER shall select a unique password to obtain access to the
SERVICE. SUBSCRIBER shall be solely responsible for the confidentiality and
use of the SERVICE using SUBSCRIBER's user name and password.
SUBSCRIBER shall be solely responsible for any and all activity, including
without limitation, any and all charges incurred by a third party under
SUBSCRIBER's user name and password. SUBSCRIBER shall not share the
username and ID with any third party, and SUBSCRIBER will provide
SHOOTonline.com with accurate, complete registration information (including in
particular SUBSCRIBER's e-mail address) and inform SHOOTonline.com of any
changes to such information. If at any time SUBSCRIBER should learn or
suspect that SUBSCRIBER'S password has been obtained by a person not
authorized by SUBSCRIBER to use it, SUBSCRIBER agrees to immediately
notify Customer Service at 1-203-227-1699 and to confirm such notice in
writing within seventy-two (72) hours. Upon receiving such notice,
SHOOTonline.com will assign a new password to SUBSCRIBER without charge.
5. Delays in SERVICE
Neither SHOOTonline.com, nor its respective officers, directors,
employees, affiliates or agents shall be liable for any loss resulting from
delays or interruptions due to electronic or mechanical equipment
failures, telephone interconnect problems, internet failure, intranet
failure, extranet failure, hardware or software defects, storms, strikes,
walkouts, fire or other casualty damage, or other causes over which they
have no direct control, or any loss resulting from the contents of the
SERVICE, or any errors in the transmission thereof. SHOOTonline.com will
have no responsibility to provide SERVICE to SUBSCRIBER during
interruptions of SERVICE.
6. Termination
This Agreement and the license rights granted hereunder shall remain in
effect during the entire term of the AGREEMENT. SUBSCRIBER may choose
to cancel during the term of the AGREEMENT. Regardless of the reason for
cancellation or termination, the periodic access/subscription fees,
per-article charges (if any), and per-report charges (if any) paid by
SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment
for access, the advance payment paid by SUBSCRIBER is non-refundable,
regardless of the reason for cancellation. SHOOTonline.com reserves the
right to immediately terminate SERVICE upon failure of SUBSCRIBER to make
payment when due or if SUBSCRIBER violates any of the terms and
conditions of this Agreement. This Agreement is not assignable by SUBSCRIBER
unless such assignment is agreed to in writing by SHOOTonline.com. There
shall be no amendment or modification of this Agreement unless the same
is in writing and signed by the Product Manager of the SERVICE.
7. Monitoring
SUBSCRIBER acknowledges and agrees that SHOOTonline.com reserves the
right to, and may from time to time, monitor any and all information
transmitted or received through the SERVICE. SHOOTonline.com, at its sole
discretion and without notice to SUBSCRIBER, may review, censor or
prohibit the transmission or receipt of any information which
SHOOTonline.com deems inappropriate.
8. Equipment
SUBSCRIBER shall provide all telephone, modem, internet connection,
intranet connection, extranet connection and other equipment necessary to
access the SERVICE via SUBSCRIBER'S personal computer and the costs of
any such equipment and telephone connections or use, including any
applicable taxes, shall be borne by SUBSCRIBER.
9. Disclaimer Of Warranty
(a) SUBSCRIBER acknowledges that all information and services provided
in connection with the SERVICE is compiled from and distributed by
sources which are often beyond the control of SHOOTonline.com, and it is
understood and agreed that SHOOTonline.com makes no warranty, expressed
or implied, with respect to the information provided to SUBSCRIBER by
the SERVICE. SHOOTonline.com also makes no warranty of the continuous
availability of the SERVICE. SUBSCRIBER, under this Agreement, assumes
the risk of errors and/or omissions in the information provided, and in
its transmission or translation.
SUBSCRIBER ACKNOWLEDGES THAT NO WARRANTIES, AGREEMENTS, OR
REPRESENTATIONS TO THE CONTRARY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE AND
NO WARRANTIES EXIST EXCEPT AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER
AGREES THAT SHOOTONLINE.COM SHALL NOT IN ANY EVENT BE LIABLE FOR
INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT,
COMPENSATORY OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SERVICE.
(b) SHOOTONLINE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION,
SERVICES AND/OR PROGRAMS PROVIDED BY SHOOTONLINE.COM TO SUBSCRIBER WILL
BE ERROR FREE, OR WILL MEET SUBSCRIBER'S REQUIREMENTS OR ARE SUITABLE
FOR SUBSCRIBER'S NEEDS.
(c) WHILE EVERY REASONABLE EFFORT HAS BEEN MADE TO OBTAIN ACCURATE AND
UP-TO-DATE INFORMATION, SHOOTONLINE.COM ASSUMES NO LIABILITY FOR
INACCURACIES. SHOOTONLINE.COM RESERVES THE RIGHT TO EDIT ANY SERVICES CONTENT
BASED ON EDITORIAL JUDGEMENT.
(d) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SHOOTONLINE.COM WILL USE
REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES ARE PASSED THROUGH THE
SERVICE. HOWEVER, SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING
AND ERADICATING ANY VIRUS OR PROGRAMS WITH A SIMILAR FUNCTION.
The provisions of this Section 9 shall survive termination of this
agreement.
10. LIMITATIONS OF LIABILITY, INDEMNITY
Notwithstanding the enforceability or non-enforceability of any other
provision of this agreement, company and SUBSCRIBER hereby agree that
SHOOTonline.com's maximum aggregate liability to SUBSCRIBER for any
claims arising from or related to this agreement, whether in contract, tort
or otherwise, shall be limited in an amount equal to (a) $250.00, or
(b) ten percent (10%) of all sums paid by SUBSCRIBER to company under
this agreement; whichever is greater. This provision shall survive
termination of this agreement.
Upon SHOOTonline.com's request, SUBSCRIBER shall defend, indemnify and
hold SHOOTonline.com harmless from any claims and expenses, including
reasonable legal fees, related to any breach of these Terms by
SUBSCRIBER or SUBSCRIBER's use of the SERVICE.
11. Agreement Governs
It is understood and agreed by and between the parties that if there is
any conflict between this Agreement and SUBSCRIBER'S purchase order or
any other document not signed by SHOOTonline.com, this Agreement will
govern.
12. Governing Law
This Agreement shall be governed by the substantive laws of the State
of Connecticut applicable to contracts made and performed in the State
of Connecticut. Any action or proceeding arising under this Agreement
shall be commenced exclusively in either the courts of the State of
Connecticut situated in the County of Fairfield or in the United States
District Court for the Southern District of Connecticut; and such action or
proceeding must be commenced no later than one year after the accrual
of the claim giving rise therein.
13. Recovery of Fees
SUBSCRIBER agrees that if Company takes action (by itself or through
its representatives) to enforce any of the provisions of this Agreement,
including collection of any amounts due hereunder, Company shall be
entitled to recover from SUBSCRIBER (and SUBSCRIBER agrees to pay), in
addition to all sums to which it is entitled or any other relief, at law
or in equity, reasonable and necessary attorney's fees and any costs of
any litigation.
14. Entire Agreement
SUBSCRIBER acknowledges by completing the enrollment process and
clicking "submit order", that this Agreement, along with the Terms of Service
for SHOOTonline.com ("TOS" located at
http://www.shootonline.com/legal/terms.html) and SHOOTonline.com
Privacy Policy ("Privacy Policy" located at
http://www.SHOOTonline.com/legal/privacy.html) constitute the entire
agreement between the parties. The Terms of Service and Privacy Policy
are hereby incorporated into this Agreement. In the event of any
inconsistency between this Agreement, the Terms of Use, and the Privacy
Policy, the agreements shall take the following order of precedence: 1)
Privacy Policy; 2) Terms of Use; 3) This Agreement.
Copyright © 2006 DCA Business Media LLC. All rights reserved.