Terms of Use Agreement
If you wish to become a Member of 25Shots.com, communicate with other Members and fully use 25Shots.com and 25Shots Services (the "Service"), please read this 25Shots.com Terms of Use Agreement ("this Agreement") and indicate your acceptance of it by clicking the "Sign Up" button below the registration form.
For purposes of this Agreement, "25Shots.com", "25ShotsCom", "25Shots" and "25Shots Com" refer to one and the same entity and may be used interchangeably. Once you agree to be bound by all provisions of this Agreement, and click on the "Continue" button, you will be bound by this Agreement whether or not you register as an 25Shots.com member ("Member").
This Agreement sets out the legally binding terms of your use of the 25Shots.com website ("Website") and your membership in the Service, and may be modified by 25Shots.com from time to time. Such modifications are to be effective upon posting on the Website.
This Agreement includes 25Shots.com Acceptable Use Policy for Content Posted on the Web site, 25Shots.com Privacy Policy, and any notices regarding the Web site.
- Eligibility. You must be eighteen or over to register at 25Shots.com. Membership in the Service is void where prohibited. By using the Web 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.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member of 25Shots.com. You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by 25Shots.com Customer support staff. 25Shots.com may terminate your membership for any specified reason, effective upon sending a notice to your email address provided for at registration, or to any other email address provided by you to 25Shots.com staff. If your membership at 25Shots.com is terminated by reason of violation of this Agreement, or at your request, you will not be entitled to receive any refund of unused credits or paid fees for using 25Shots.com additional services. Unused credits expire 365 days after their purchase date. Notwithstanding your membership being terminated, this Agreement will remain in full effect.
- Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by 25Shots.com and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of 25Shots.com.
- Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any 25Shots.com account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
- Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
- Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify 25Shots.com immediately and promptly change your password.
- Content Posted on the Website.
- You understand and agree that 25Shots.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of 25Shots.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
- Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- By posting Content to any public area of 25Shots.com you automatically grant, represent and warrant that you have the right to grant to 25Shots.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of Content that is illegal or prohibited on the Website. 25Shots.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without 25Shots.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although 25Shots.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect it’s Members from such advertising or solicitation, 25Shots.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which 25Shots.com deems appropriate in its sole discretion.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply 25Shots.com Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Member Disputes. You are solely responsible for your interactions with other 25Shots.com Members. 25Shots.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Use of the Website and/or the Service is also governed by 25Shots.com Privacy Policy
- Disclaimers. 25Shots.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. 25Shots.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. 25Shots.com assumes 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 or Member communications. 25Shots.com is 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, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will 25Shots.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will 25Shots.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if 25Shots.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, 25Shots.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 25Shots.com for the Service during the term of membership.
- U.S. Export Controls. Software from the Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of Czech Republic without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Czech Republic.
- Indemnity. You agree to indemnify and hold 25Shots.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between you and 25Shots.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please Contact us with any questions regarding this agreement.
This Terms of Use was last revised on September 13, 2014.