shots - Terms and Conditions

14 May 2008

Terms and Conditions

ANY TERMS WHICH APPEAR IN CAPITALS LIMIT SHOTS.NET’S LIABILITY TO YOU OR REVEAL LIABILITIES WHICH WILL BE BORNE BY YOU. YOU MUST READ THESE TERMS CAREFULLY

Interpretation
1. In these terms and conditions, You and Your refers to the person firm company or other body corporate whose details are entered into the registration form above and Shots.net means, as the context dictates, this website or the publishers thereof; namely EMAP Business Communications Limited.

Entry to Shots.net
2. You may only enter the restricted areas of Shots.net with a valid Password. You shall not attempt to enter restricted areas of Shots.net via any other method than that provided by Shots.net
3. We will allocate You a Password (or not, as the case may be) via e-mail having verified Your registration as truthful, sufficiently linked into advert and music video production (and We shall be the sole and final arbiter of what constitutes a sufficient link into advert and music video production) and a cleared payment into Your credit account. We may refuse to allocate You a Password entirely at Shots.net’s discretion and without any reason
4. Your Password shall be personal to You only and non-transferable. You may not share, lend, hire, rent, lease or loan Your Password or otherwise allow it to be used by a third party. You agree that any breach of this condition shall leave You liable as the first person/party for any breaches of these conditions by a third party authorised by You to use Your Password
5. You warrant to Shots.net that either;
5.1 (In the event of registering as a business) You are the owner of or the duly authorised officer of a firm or company whose business relates to advert and music video production
5.2 (In the event of registering personally) the declaration that You made in the registration form as to Your professional status is true in all respects

Costs and payment
6. Once You register with Shots.net You will be asked to make a payment into a credit account which will be kept by Shots.net in Your name. All payments which are required to download Clip Files shall be deducted from Your credit account. You hereby authorise Shots.net to hold such money on Your behalf and to make such deductions immediately following the production of an invoice which will be sent to You periodically as Shots.net sees fit
7. Prices for downloading materials shall be published on-line and will be apparent before You attempt to down load. If prices are not apparent, You should contact us by e-mail to confirm the price of Your desired download before proceeding
8. If You do not have sufficient funds in Your credit account, You will not be entitled to download any material until such time as funds are increased

Your conduct within public areas of Shots.net
9. Breach of the terms and conditions which follow under this heading will lead to Your being expelled from Shots.net and Your permanent exclusion thereafter
10. You acknowledge that You are, and You shall be held as, the legally responsible party for any text, graphics or other images that are placed by You in Shots.net and that breach, infringe or violate any law, regulation or other rule (with particular regard to, but without limitation intellectual property and decency laws) of any competent jurisdiction world wide and YOU AGREE TO INDEMNIFY SHOTS.NET AGAINST ALL COSTS INCURRED BY SHOTS.NET DEALING WITH LEGAL PROBLEMS CREATED AS A RESULT OF TEXT AND MATERIALS PLACED IN SHOTS.NET BY YOU
11. No commercial transactions may be undertaken by You within Shots.net The conduct of others within public areas of Shots.net
12. It is impossible for Shots.net to monitor Shots.net vigorously enough to ensure that no defamatory, offensive, indecent or other sensitive material appears within Shots.net and You therefore must enter at Your own risk. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT OF SHOTS.NET PLACED THERE BY ANY THIRD PARTY. SHOULD YOU HAVE ANY COMPLAINT WITH THE CONTENT OF SHOTS.NET YOU MUST DIRECT THAT COMPLAINT AT THE PERSON UPLOADING MATERIAL WHICH CAUSES YOU COMPLAINT
13. We reserve the right to assist in the identification of those persons who’s actions are in breach of these terms and conditions – that may mean You
14. If You are excluded from Shots.net Your credit account will be cancelled forthwith and You will receive no refund upon any credit at the date of exclusion which shall be retained by Shots.net as liquidated costs of policing Your movements within Shots.net prior to excluding You Your input/uploaded media
15. You are at liberty to upload (where possible) any text, software, files, graphics, sound files or other media into Shots.net provided always that any such media that You upload is not subject to Intellectual Property rights or other proprietary rights that do not belong to You or for which You have not been given express permission to upload into Shots.net by the owner of such rights
16. We reserve the right to delete alter or amend any text, media or material uploaded into Shots.net by You, and You acknowledge that this reservation does not affect Your agreed duty to comply strictly with any other(s) of these terms and conditions
17. By the act of uploading any text, software, files, graphics, sound files or other media into Shots.net You shall automatically grant, or warrant that the owner grants, to Shots.net a world wide non-exclusive licence and right to use, reproduce, modify, adapt, publish translate distribute transmit and display such media without any charge or royalty being payable by Shots.net to You or the owner of such media
18. YOU WILL INDEMNIFY AND HOLD SHOTS.NET HARMLESS AGAINST ANY COMPENSATION DAMAGES AND COSTS THAT MAY BE AWARDED OR AGREED TO BE PAID TO ANY THIRD PARTY IN RESPECT OF ANY CLAIM OR ACTION (INCLUDING ANY COST OF DEFENDING SUCH A CLAIM OR ACTION) THAT ARISES BY VIRTUE OF MATERIAL OR OTHER MEDIA UPLOADED BY YOU INTO SHOTS.NET THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF SUCH THIRD PARTY

Risk to Your computer
19. You expressly agree that Your use of Shots.net is entirely at Your own risk. The nature of the Internet and access to public sites such as Shots.net puts Your computer at the risk of being infected by computer viruses, worms, cookies or other manner of electronic programs which could impair or destroy the working of Your computer. YOU THEREFORE UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED VIA SHOTS.NET IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER AND ANCILLARY PARTS OF IT
20. We may use a system within the Shots.net that downloads and runs on Your computer to analyse the way in which You use and conduct Your access to Shots.net. We take responsibility for any damage caused to Your computer as a result of Shots.net’s negligence in running such systems, however WE LIMIT THAT LIABILITY TO YOUR COMPUTER HARDWARE AND NOT YOUR SOFTWARE FOR WHICH YOU SHOULD HAVE BACK-UP COPIES MADE BEFORE ENTERING SHOTS.NET

Continuous availability of Shots.net
21. You agree that by the nature of the medium through which You enter Shots.net is liable to technical faults. We also reserve the right to make repairs, alterations or improvements to Shots.net which may result in temporary loss of connection. We therefore can not guarantee that You will be able to log into Shots.net every time You attempt to, and that Your connection to Shots.net will remain uninterrupted at all times. WE ACCEPT NO LIABILITY TO YOU FOR LOSS OF CONNECTION TO, OR INABILITY TO LOG INTO, SHOTS.NET

Warranties as to quality of Shots.net
22. You acknowledge that the materials which Shots.net provides for payment is for viewing only and such materials are supplied by third parties as a result agree to the following limitation of warranties: All terms as to the quality, fitness for purpose and other terms implied at law regarding the sale of goods and/or the supply of services shall be limited (by Your acceptance thereto) to the state of the art for viewing files at the time immediately prior to downloading from Shots.net

Intellectual property of third parties
23. The clips and other materials which You will be able to download from Shots.net are copyright protected works belonging to third parties and are reproduced on this site and available for download as a result of the professional courtesy of those third parties. The following warranties and indemnities are given by You in respect of the copyright and other intellectual property belonging to those third parties
24. You will obtain absolutely no rights of copyright trademark or other such intellectual property in any of the materials downloaded from Shot.net
25. You warrant that You will not use any of the material downloaded from Shots.net for any other purpose than viewing that material and You will not (whether in whole or in part) make any copies or reproductions of the material, pass the material onto any third party, publish the material or otherwise make use of the material either commercially or personally.
26. YOU WILL INDEMNIFY AND HOLD SHOTS.NET HARMLESS AGAINST ANY COMPENSATION DAMAGES AND COSTS THAT MAY BE AWARDED OR AGREED TO BE PAID TO ANY THIRD PARTY IN RESPECT OF ANY CLAIM OR ACTION (INCLUDING ANY COST OF DEFENDING SUCH A CLAIM OR ACTION) THAT ARISES BY VIRTUE OF ANY USE YOU MAY MAKE OF MATERIALS BELONGING TO THIRD PARTIES AND WHICH HAVE BEEN DOWN LOADED BY YOU FROM SHOTS.NET THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF SUCH THIRD PARTY

Intellectual Property of Shots.net
27. All editorial comment on Shots.net and any trade names trade marks referring to Shots.net (or any EMAP Plc group company) are the exclusive property Shots.net (or their associate companies within the EMAP Plc Group) and copyright trade marks. You must not:
27.1 make copies of any text, software, files, graphics, sound files or other media appearing in Shots.net; or
27.2 reverse compile, copy or adapt the whole or any part of Shots.net

Limitation of liability (generally)
28. UNLESS PROVIDED FOR SPECIFICALLY ELSEWHERE IN THESE TERMS AND CONDITIONS (IN WHICH CASE SUCH OTHER TERM SHALL SUPERSEDE THIS TERM) SHOTS.NET’S ENTIRE LIABILITY (INCLUDING ANY LIABILITY FOR THE ACTS AND OMISSIONS OF SHOTS.NET’S EMPLOYEES AGENTS AND SUB?CONTRACTORS) TO YOU IN RESPECT OF ANY BREACH OF SHOTS.NET’S CONTRACTUAL OBLIGATIONS ARISING UNDER THESE TERMS AND CONDITIONS AND ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT BETWEEN SHOTS.NET AND YOU) SHALL BE LIMITED AS FOLLOWS:
29. OUR LIABILITY TO YOU FOR DEATH OR INJURY RESULTING FROM SHOTS.NET’S NEGLIGENCE SHALL NOT BE LIMITED.
30. OUR ENTIRE LIABILITY IN RESPECT OF ANY DEFAULT UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE TOTAL PAYMENTS THAT YOU HAVE MADE IN RESPECT OF YOUR CREDIT ACCOUNT
31. WE SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY TYPE OF SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF AN ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF YOUR INCURRING THE SAME BY YOU.
32. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSSES (WHICH SHALL INCLUDE DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGE) RESULTING FROM YOUR USE OF SHOTS.NET, YOUR INABILITY TO USE SHOTS.NET OR YOUR RELIANCE UPON ANY INFORMATION YOU RECEIVE VIA SHOTS.NET
33. IF A NUMBER OF EVENTS GIVE RISE SUBSTANTIALLY TO THE SAME LOSS THEN THEY SHALL BE REGARDED AS GIVING RISE TO ONLY ONE CLAIM UNDER THESE TERMS AND CONDITIONS.
34. YOU HEREBY AGREE TO AFFORD THE COMPANY NOT LESS THAN 48 HOURS (FOLLOWING NOTIFICATION THEREOF BY YOU) IN WHICH TO REMEDY ANY DEFAULT OR BREACH HEREUNDER.
35. WE SHALL HAVE NO LIABILITY TO YOU IN RESPECT OF ANY DEFAULT OR BREACH UNLESS YOU HAVE NOTIFIED SHOTS.NET OF THE SAME WITHIN 3 WEEKS OF THE DATE YOU BECAME AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE DEFAULT OR BREACH OR THE DATE WHEN YOU OUGHT REASONABLY TO HAVE BECOME SO AWARE

Your right to terminate
36. You may terminate Your agreement with Shots.net at any time by giving Shots.net notice by e-mail to the address set out in the condition headed ‘Notices’. Should You terminate Your agreement with Shots.net we reserve the right to retain all monies pre-paid By You for access to Shots.net though You will remain able to access Shots.net until such time as Your pre-paid credit expires.

Waiver
37. The waiver by Shots.net of a breach or default of any of the provisions of these terms and conditions by You shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on Shots.net’s part to exercise or avail Ourselves of any right power or privilege that We have hereunder operate as a waiver of any breach or default by You

Invalidity and severability
38. If any of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other terms and conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect

Notices
39. Any notice request instruction or other document to be given hereunder shall be delivered or sent by e-mail to the addresses as follows, such notices being deemed to have been received 12 hours after the evidenced time of sending.