Terms of Use

November 24, 2014

THESE TERMS OF USE SET FORTH THE BINDING TERMS AND CONDITIONS REGARDING YOUR ACCESS OR USE OF ANY SERVICES, FEATURES, CONTENT, WEBSITES OR APPLICATIONS (INCLUDING MOBILE APPLICATIONS) MADE AVAILABLE BY SCI-SHOT, LLC (COLLECTIVELY REFERRED TO AS "SERVICES").

THESE TERMS OF USE APPLY TO ALL USERS, VISITORS AND OTHERS WHO USE OR ACCESS SCI-SHOT'S SERVICES ("USERS").

THIS IS A LEGALLY BINDING CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.

THESE TERMS OF USE APPLY TO ALL USERS, VISITORS AND OTHERS WHO USE OR ACCESS SCI-SHOT'S SERVICES ("USERS").

THIS IS A LEGALLY BINDING CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.

ACCEPTANCE OF TERMS OF USE

By accessing or using sci-Shot, LLC's ("sci-Shot") Services in any manner, you agree to all of the terms and conditions set forth in these Terms of Use, as well as sci-Shot's Privacy Policy and all other operating rules, policies and procedures that may be implemented by sci-Shot, each of which is incorporated by reference and each of which may be updated by sci-Shot from time to time. Additionally, some services offered by sci-Shot may be subject to additional terms and conditions. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference and which may be updated from time to time.

SAFETY WARNING

Do not use sci-Shot in the event of an emergency. Subscribers may not be monitoring or viewing User uploads in real-time, so contact the authorities for matters requiring immediate assistance. When in doubt, dial 911. Avoid using sci-Shot while driving or under hazardous conditions. sci-Shot should not be used if doing so would create a risk of harm to you or others. Follow the law and respect the rights of others.

GENERAL TERMS AND CONDITIONS

  1. Subject to these Terms of Use and sci-Shot's Privacy Policy, you may use sci-Shot's Services to post and share your pictures, videos, audio, comments and other materials ("User Content").
  2. You are solely responsible for your use of sci-Shot's Services. Exercise your best judgment and common sense when using the Services and when submitting or posting User Content or any other information.
  3. You represent and warrant that: (i) you own the User Content posted and shared by you; (ii) the posting and sharing of your User Content is lawful and does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for any royalties, fees, or any other monies owed due to your posting or sharing of User Content on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  4. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services.
  5. You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you may not use the Services to post private or confidential information, including, without limitation, credit card information, social security or other national identity numbers, non-public phone numbers or non-public email addresses.
  6. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with any and all applicable laws, rules and regulations, including, but not limited to, copyright laws.
  7. You are responsible for any activity that occurs on or through your account and you agree you will not sell, transfer, license or assign your account, followers, username or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of others, you may not create an account for anyone other than yourself. You agree that all information you provide to sci-Shot upon registration and anytime thereafter will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  8. You are responsible for keeping your password secret and secure.
  9. You may not solicit, collect or use the login credentials of other sci-Shot users.
  10. You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or sci-Shot.
  11. You may not bypass any measures sci-Shot may use to prevent or restrict access to the Services, or any accounts, computer systems or networks connected to the Services.
  12. You may not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, broadcast, republish, repurpose, sell, license, trade, or in any way exploit the Services or any other person's User Content.
  13. You may not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget).
  14. You may not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
  15. You may not take any action that imposes or may impose (as determined solely by sci-Shot) an unreasonable or disproportionately large load on sci-Shot's (or its third-party providers') systems or infrastructure.
  16. You may not interfere or disrupt the Services or servers or networks connected to the Services, including, for example, by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way sci-Shot is rendered or displayed in a user's browser or device.
  17. You may not use an unauthorized process or method to create a sci-Shot account, including but not limited to, the use of any automated device, script, bot, spider, crawler or scraper. You may not access the Services via automated means, such as crawling, scraping, or caching.
  18. You may not attempt to restrict another user from using or enjoying the Services and you may not encourage or facilitate violations of these Terms of Use or any other sci-Shot rules, policies or conditions.
  19. sci-Shot does not guarantee the authenticity of any User Content.
  20. You agree that sci-Shot is not responsible for, and does not endorse any User Content or any opinion, implication, representation, recommendation or observation that may be expressed therein. sci-Shot does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms of Use, you may be held legally responsible.
  21. Except as otherwise described in the Privacy Policy, any User Content will be non-confidential and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with sci-Shot is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place sci-Shot in a position that is any different from the position held by members of the general public.
  22. The Services may include links to third-party web sites or features. The Services may also include third-party content that we do not control, maintain or endorse. The Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. Your use of any third-party service is at your own risk. You expressly acknowledge and agree that sci-Shot is in no way responsible or liable for any such third-party services or features.
  23. Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that sci-Shot may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you.
  24. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
  25. You agree that you are responsible for any and all charges, expenses or fees of any kind that you may incur when using the Services.
  26. The Services contain content owned or licensed by sci-Shot ("sci-Shot Content"). sci-Shot Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and sci-Shot, sci-Shot owns and retains all rights in the sci-Shot Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the sci-Shot Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the sci-Shot Content.
  27. The sci-Shot name and logo are trademarks of sci-Shot, and may not be copied, imitated or used, in whole or in part, without the prior written permission of sci-Shot. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of sci-Shot, and may not be copied, imitated or used, in whole or in part, without prior written permission from sci-Shot.
  28. We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Services, your User Content may no longer be accessible through your account; however, your User Content may persist, may appear within the Services and may remain accessible by others.
  29. We reserve the right to refuse access to the Services to anyone for any reason at any time.
  30. We reserve the right to force forfeiture of any username for any reason.
  31. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. sci-Shot reserves the right to remove any User Content from the Services for any reason, without prior notice.
  32. We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms of Use.
  33. You may not take any action that violates sci-Shot's guidelines or policies.
  34. Violation of these Terms of Use may, in sci-Shot's sole discretion, result in termination of your sci-Shot account. You understand and agree that sci-Shot cannot and will not be responsible for the User Content posted on the Services and that you use the Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for sci-Shot, we can stop providing all or part of the Services to you.
  35. We reserve the right, in our sole discretion, to change these Terms of Use from time to time. You agree that we may notify you of any updated Terms of Use by posting them on our website or making them accessible through the Services, and that your use of the Services after the effective date of any updated Terms of Use (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to same. Therefore, you should review sci-Shot's Terms of Use, including any updates, before using the Services.

ANONYMOUS SUBMISSIONS

sci-Shot gives Users the option of submitting User Content anonymously. sci-Shot will take reasonable steps to preserve the anonymity of such Users. sci-Shot does not take affirmative steps or actions to collect or save personally identifying information regarding anonymous Users.

OWNERSHIP OF USER CONTENT

Any User Content you provide to sci-Shot shall, upon transmission, become the property of sci-Shot. Unless you otherwise qualify for compensation pursuant to sci-Shot's Rewards Program, you will not receive payment or any other compensation for your User Content, and you are waiving your right to any royalties or other compensation.

REWARDS PROGRAM

Users may qualify for a reward under sci-Shot's Rewards Program. Rewards are based on the number of times User Content is downloaded by sci-Shot's subscribers and that User's Program Level, which reflects the number of times User Content is "Noticed" (viewed).

Rewards will be calculated and distributed in accordance with the terms and conditions that are in effect at the time rewards are redeemed. Rewards may be paid in cash or cash equivalents (Amazon.com Gift Cards, gift certificates, etc.). The Rewards Program shall be subject to the terms and conditions set forth by sci-Shot from time to time, including those relating to entitlement, calculation, accrual and redemption of rewards.

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY SCI-SHOT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCI-SHOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF SCI-SHOT'S SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY SCI-SHOT. YOU EXPRESSLY AGREE THAT YOUR USE OF SCI-SHOT'S SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCI-SHOT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCI-SHOT DOES NOT REPRESENT OR WARRANT THAT, WITHOUT LIMITATION, ANY SERVICES, INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, METHODS, EQUIPMENT, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES USED OR OTHERWISE MADE AVAILABLE TO YOU BY SCI-SHOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCI-SHOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SCI-SHOT SERVICES, OR FROM ANY INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, METHODS, EQUIPMENT, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES USED OR OTHERWISE MADE AVAILABLE TO YOU BY SCI-SHOT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SCI-SHOT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCI-SHOT OR SCI-SHOT'S AUTHORIZED REPRESNTATIVE SHALL CREATE A WARRANTY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DEFENSE, INDEMNIFICATION AND HOLD HARMLESS

You shall defend, indemnify, and hold harmless sci-Shot and its affiliates, including their employees, contractors, directors, officers, agents and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable attorneys' fees and legal costs) or liabilities of any kind arising out of your use of sci-Shot's Services. Without waiving any rights hereunder, Sci-Shot reserves the right to assume the exclusive defense and control of any matter otherwise subject to this provision, in which event you will assist and cooperate with sci-Shot in asserting any available defenses.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCI-SHOT OR ITS AFFILIATES, PRINCIPALS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSESS, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, OR IN ANY WAY ARISING OUT OF OR RELATING TO, WITHOUT LIMITATION, ANY ACT OR OMISSION IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, MAINTAINING OR DELIVERING THE SERVICES, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SCI-SHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY IS IMPOSED ON SCI-SHOT, THEN YOU AGREE THAT SCI-SHOT'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES, DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF SCI-SHOT RELATED TO THE SERVICES, REGARDLESS OF THE CAUSE OF THE LOSS, DAMAGE OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED ANY AMOUNTS YOU PAID SCI-SHOT FOR USE OF THE SERVICES DURING THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, AND YOU COVENANT, PROMISE AND AGREE THAT YOU WILL NOT SUE SCI-SHOT OR OTHERWISE ATTEMPT TO COLLECT FROM SCI-SHOT AN AMOUNT GREATER THAN SUCH SUM EVEN IF SCI-SHOT WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELEASE

You hereby irrevocably and unconditionally release and forever discharge sci-Shot (and its affiliates, principals, officers, employees, agents, successors and assigns) from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arise from or relate to your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "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 or her settlement with the debtor."

SECURITY

sci-Shot uses commercially reasonable security procedures to protect your information from unauthorized access or disclosure. However, sci-Shot cannot and does not guarantee the security of your information during transmission, and sci-Shot cannot and does not guarantee that your information may not be accessed, disclosed, altered or destroyed as a result of a security breach or as a result of any other event beyond our reasonable control. Accordingly, sci-Shot cannot and does not guarantee that your information is completely secure and safe from such risks. For the avoidance of doubt, sci-Shot expressly disclaims any and all representations or warranties, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your information.

ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) you have the power and authority to enter into and agree to these Terms of Use; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent has agreed on your behalf to these Terms of Use; and, (c) you will only use the Services in accordance with these Terms of Use.

RESPONSIBILITY FOR REVIEW

In order to use the Services to submit content, you shall, and hereby do, agree and acknowledge that (a) sci-Shot has no obligation to (but reserves the right to) edit, review, select, censor or otherwise control the publication of any such submission, (b) all submissions are published by you even though they may reside on sci-Shot's systems, networks or servers, (c) you shall be solely responsible for any submissions uploaded, stored, published or otherwise copied, distributed or displayed by sci-Shot at your direction, and (d) sci-Shot does not guarantee any confidentiality with respect to any such submissions. Notwithstanding the foregoing, sci-Shot reserves the right, in its sole discretion, to refuse, remove or delete any such submission at any time and for any reason.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an authorized representative of a copyright owner, and you believe any User Content infringes on a valid copyright, you may notify our designated copyright agent in writing pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information:

  • A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the sci-Shot to locate the material.
  • Information reasonably sufficient to permit sci-Shot to contact you, such as an address, telephone number, and, if available, an email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that if you fail to provide all of this information, your DMCA notice may not be valid. Any person who knowingly misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification may be held liable to sci-Shot for any damages, including costs and attorneys' fees.

Please send your written DMCA notice to:

Designated DMCA Agent
900 S. Pine Island Road, Suite 300
Plantation, FL 33324
Tel. (855) 393-2228
DMCAagent@sci-shot.com


ARBITRATION

Any claim or dispute between you and sci-Shot that arises in whole or in part from the Services shall be decided exclusively by binding arbitration. Such arbitration shall take place exclusively in Broward County, Florida, and nowhere else. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. sci-Shot reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with sci-Shot.

MODIFYING OR TERMINATING SERVICES

sci-Shot may, in its sole discretion and at any time, add, remove or modify functionalities or features, and may suspend or terminate its Services, in whole or in part, without notice or liability. Your right to use the Services may automatically terminate if you fail to comply with any terms set forth herein. In case of such termination, sci-Shot may immediately revoke your access to the Services.

MODIFICATIONS TO TERMS OF USE

sci-Shot reserves the right to amend these Terms of Use at any time and without notice. It is your responsibility to periodically review these Terms of Use for any changes. Your use of the Services following any amendment shall signify your acceptance of the revised Terms of Use.

GENERAL

You agree that: (i) the Services shall be deemed solely based in Florida; and (ii) the Services shall be deemed a passive website that does not give rise to specific or general personal jurisdiction over sci-Shot in any jurisdiction other than Florida. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles. These Terms of Use, together with the sci-Shot's Privacy Policy and any other rules, policies or procedures that may be adopted by sci-Shot, shall constitute the entire agreement between you and sci-Shot concerning your use of the Services. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable from these Terms of Use without affecting the validity and enforceability of any remaining provisions. sci-Shot's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not constitute a waiver of sci-Shot's rights. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.