Terms Of Use
Shooter.com – TERMS OF USE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”) WHICH GOVERN YOUR USE OF THE Shooter.com WEBSITE.
By your continued use of Shooter.com you signify your acceptance of these Terms of Use. Please print off a copy of these Terms of Use to retain for your own records.
We reserve the right in our sole and absolute discretion to make changes to these Terms of Use at any time. Any such changes will be effective immediately. By continuing to use Shooter.com after changes have been made to the Terms of Use will constitute your acceptance to those modified Terms of Use.
If you do not agree with any changes to the Terms of Use or you no longer wish to be bound by the Terms of Use then your sole remedy is to no longer make use Shooter.com.
1. Shooter.com
1.1 “Shooter.com” (also referred to as “Us”, “us”, “Our”, “our”, “We” or “we”) is a website operated by Royal Returns, a trading name of StrangeLogic Limited, a company registered in England and Wales (Company No. 06888742) with its registered address being address being 11-17 Fowler Road, Hainault, Essex, IG63UJ.
2. Availability of Shooter.com
2.1 We may without notice, and in our sole and absolute discretion, chose to discontinue offering the website to you (in part or in whole), if at any time you are in breach of these Terms of Use.
2.2 Access to Shooter.com is provided on a temporary basis and we reserve the right to withdraw or amend the website (in part or in whole or in terms of functionality or services and products offered through the Shooter.com website).
2.3 We make no warranty as to the availability of Shooter.com and will not be liable if for any reason Shooter.com is unavailable at any particular time or for any period of time.
3. News Content, Third Party Content & Publications
3.1 We may from time-to-time: (i) provide access to links and/or feeds to news stories which may be of interests to users of Shooter.com (“News Content”); (ii) carry third party advertising and/or sponsorship messaging and/or editorial (“Third Party Content”); and (iii) send emails or other materials to those users of the Shooter.com website who have requested to receive such information (“Publications”).
3.2 Without prejudice to any other provision in these Terms of Use, we accept no liability whatsoever for your use of such News Content and/or Third Party Content and/or Publications, and further makes no warranty or representation that the same are free from error and/or are accurate.
4. Authorised Use of the Shooter.com Website
4.1 You may only use the Shooter.com website for lawful purposes (“Authorised Use”).
4.2 Non-Authorised Use of Shooter.com shall include by way of example only, but not be limited to any use by you of the website or the products or services which we promote which
(a) breaches any applicable law or regulations in the country or state in which you live
(b) purposefully or by effect be unlawful and/or fraudulent;
(c) save for your own personal use, uses or reuses (in whole or in part) any of our content or other materials with the intention or effect of sending such content or materials (whether in their original form or modified) to any third party (whether for commercial purpose or otherwise);
(d) attempts to modify, decompile, disassemble or reverse-engineer any software contained within the Shooter.com website (in whole or in part);
(e) purposefully attempts or as an effect, causes Shooter.com to not operate as it otherwise would save for such non-Authorised Use;
(f) attempts to introduce viruses, so-called “Trojans”, worms, logic bombs and/or any other software, code or material which is by its design or effect malicious or harmful to the Shooter.com website;
(g) attempts to gain access unauthorised access to Shooter.com, our servers, computers and/or databases; or
(h) purposefully or by effect cause a denial-of-service-attack and/or denial-of-service-attack.
5. Breach of Terms of Use
5.1 Without prejudice to any other rights hereunder, if you breach any provision of these Terms of Use (in whole or in part) we reserve the right (but not the obligation) to take any such action as we deem fit in our sole and absolute discretion, including but not limited to:
(a) terminating these Terms of Use
(b) blocking your access to Shooter.com; and/or
(c) taking appropriate legal action against you.
6. Intellectual Property
6.1 “Shooter.com”, “Royal Returns” and “StrangeLogic” are trademark owned, controlled and/or licensed to us and you may make no use whatsoever of such trademarks (or any other Intellectual Property) without our prior written consent.
6.2 You do not, through your use of the Shooter.com website (or otherwise) obtain any rights in and to the Intellectual Property.
6.3 All content and material contained within the Shooter.com website is owned and/or controlled by us (“Intellectual Property”) and is protected by copyright, trademark and/or other intellectual property rights.
6.4 Our Intellectual Property shall include, by way of example only, but not be limited to:
(a) Software
(b) written content
(c) images, (whether drawn pictures, diagrams, photographs or otherwise); and/or
(d) audio and/or visual material.
7. Privacy
7.1 Please read the Shooter.com Privacy Policy and Cookie Policy, both of which are incorporated by reference into these Terms of Use.
8. Our Liability to You
8.1 To the fullest extent permitted by law, we make no warranties, representations (whether express, implied by law, statute, regulations or otherwise) in relation to:
8.2 We will not be liable to you under or in connection with these Terms of Use, whether in contract, tort (including negligence), misrepresentation (other than where made fraudulently), and/or breach of statutory duty or otherwise for:
8.3 Nothing in these Terms of Use shall limit or restrict either our liability or yours for:
(a) fraud; or
(b) for death or personal injury resulting from either party’s negligence.
9. Your Liability to Shooter.com
9.1 You will defend, indemnify and hold us and our officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including legal fees) resulting or arising (directly or indirectly) from your breach of this Agreement.
9.2 You acknowledge, agree and accept (without prejudice to any other rights or remedies that may be available to us under this Agreement or otherwise), that we shall be entitled to set off any monies which are owed by us to you, against any liability you owe to us, including but not limited to, any claims we may have against you resulting from or arising from (whether directly or indirectly, your breach of this Agreement.
9.3 You warrant, represent and undertake that:
(a) you will not interfere with the operation of the Shooter.com website
(b) you will only use the Shooter.com website for Authorised Uses; and
(c) you will not violate the terms and conditions of these Terms of Use.
10. Limitations & Exclusion of Liability
10.1 We hereby excludes to the fullest extent permissible at law, any and all warranties (whether express or implied), in connection with the Shooter.com website (including any content on the Shooter.com website), and you accept that Shooter.com is provided by us to you on and “As-Is” basis.
10.2 To the fullest extent permissible at law, we make no warranties or representations regarding Shooter.com including, but not limited to:
(a) the quality or fitness for purpose of the Shooter.com website
(b) the accuracy or completeness of the Shooter.com website;
(c) the availability of the Shooter.com website; or
(d) that the Shooter.com website will be error-free or free from software bugs or viruses.
11. Surviving Provisions & Clauses
11.1 This Section 11.1 and the following Sections shall survive the termination or expiry of these Terms of Use: Sections 3, 4, 6, 7, 8, 9 and 10 – 16 (inclusive).
12. No Partnership
12.1 These Terms of Use shall not create any partnership or joint venture between you and us.
12.2 Neither you nor us has the authority to bind the other in respect of third parties and nothing in these Terms of Use shall constitute the appointment of either you or us as agent of the other.
13. No Assignment
13.1 You are not entitled to assign, sell, licence, subcontract, transfer or otherwise deal with the benefit and/or burden of these Terms of Use or any rights or obligations hereunder without our prior written consent.
13.2 We are entitled to assign or otherwise transfer any or all of our rights and obligations under these Terms of Use.
14. Force Majeure
14.1 We will not be in breach of these Terms of Use due to any cause beyond that our control including, but not limited to Act of God; insurrection or civil disorder; war or military operations; national or local emergency; fire, explosion, flood, telecommunications inoperability or the act or omission of any third party where we are not wholly and directly responsible and/or it is beyond our control (each an event of “Force Majeure”).
15. Entire Agreement
15.1 These Terms of Use (together with any schedules and any other documents expressly incorporated within the Terms of Use) constitutes the entire agreement between you and us in relation to its subject matter and replaces and extinguishes all prior agreements, undertakings, arrangements, understandings or statements of any nature made by the you and us, whether oral or written, with respect to such subject matter.
15.2 Except as expressly set out in these Terms of Use all warranties and representations, whether oral or in writing and whether express or implied, either by operation of law, statutory or otherwise, are hereby expressly excluded to the maximum extent permitted by law.
16. General
No Waiver
16.1 The failure by us to exercise, or delay in exercising, a right, power or remedy provided by these Terms of Use or by law shall not constitute a waiver by us of that right, power or remedy.
16.2 If we waive a breach by you of any provision of these Terms of Use this shall not operate as a wavier of a subsequent breach of that provision by you, or as a waiver of a breach by you of any other provision.
Severability
16.3 If any clause in this Agreement, or any part of a clause, is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the clause (or the part) in question is not of a fundamental nature to the Agreement as a whole, then the legality, validity and enforceability of the remainder of the Agreement (including the remainder of the clause which contains the relevant provision) shall not be affected.
16.4 In the event any clause, or any part of a clause, of this Agreement is found to be invalid or unenforceable pursuant to the above Section 16.3, we will use all reasonable endeavours to agree with you any lawful and reasonable variations to the Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the Section or Sub-Section, or the part of the Section or Sub-Section, in question.
Remedies cumulative
16.5 The rights, powers and remedies available to us and provided in this Agreement are cumulative and (unless otherwise provided in this Agreement) are not exclusive of any rights, powers and remedies provided by law, or otherwise that we may otherwise be entitled to.
Rights of Third Parties
16.6 Any person who is not a Party to this Agreement is not entitled under the Contracts (Rights of Third Parties) Act 1999 (the “1999 Act”) to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of any third party which exists or is available apart from under the 1999 Act.
Governing Law
16.7 This Agreement and any non-contractual obligations arising out of or in relation to this Agreement, shall be governed by, and construed in accordance with the laws of England and Wales.
16.8 In relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement and/or any non-contractual obligations arising out of or in relation to this Agreement (“Proceedings”) each of the Parties irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum PROVIDED ALWAYS that nothing shall prevent the Parties from issuing and pursuing Proceedings for the purposes of seeking injunctive relief or specific performance in connection with any obligation under this Agreement in any jurisdiction where the other Party has or has threatened to commit an act alleged to be unlawful.
Shooter.com
Version 1, last modified 2 August 2010