FAIR SHOT APP, INC., TERMS OF USE

  1. Terms

By accessing our app, Fair Shot, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Fair Shot. The materials contained in Fair Shot are protected by applicable copyright and trademark law.

  1. Use License

Permission is granted to temporarily download one copy of Fair Shot per device for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained in Fair Shot;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fair Shot App, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

  1. Banned User Content

Fair Shot users are encouraged to provide user generated content to the service in order to get the most out of the app experience. Remember, you are solely responsible for any and all content and information (images, descriptions, chats) that you post or upload to Fair Shot.

Never to post content that:

  • Includes pornographic or obscene images
  • Promotes racism, bigotry, sexism, or hatred
  • Attempts to send or transmit junk mail or spam  
  • Contains malicious spyware, viruses, malware, trojan horses, or any material that is created to interfere with the inner workings of Fair Shot
  • Infringes on a third party’s rights or property (copyrighted material, intellectual material, etc)
  • Promotes misleading information or promotes illegal activities
  • Attempts to steal someone’s identity

Fair Shot reserves the right, in its sole discretion, to remove and block any user who violates any of these policies. Fair Shot users are encouraged to report any malicious or inappropriate behavior they see on the app.

  1. User Content

Again Fair Shot, the company, is never responsible or liable for user content (“Your Content”) that you decide to post. Be smart, what you post belongs to you.

If you provide personal information, you are solely responsible. The company will never be liable for anything negative that comes from the posting of personal information on the app.

When you decide to post Your Content, that content is then deemed “public”. Meaning anyone on the app in the specific corresponding campaign or team will be able to view Your Content. Once Your Content has been submitted, you automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way relating to Fair Shot. This includes without limitation, editing, copying, modifying, adapting, translating, and reformatting of said material.

We may assign and/or sub-license the above license to any affiliates or successors without any further approval by you.

  1. Other User’s Content (Member’s Content and Campaign Created Content)

You may not use other user’s content or content created by campaign’s using Fair Shot in anyway or to any extent without their consent.

  • You may not use other user’s content commercially or to harass or spam them.
  • Other user’s content is only to be used for Fair Shot’s specific purposes, anything outside of the app is forbidden.
  • We reserve the right to terminate the account of any user who violates these policies.

Other User’s Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

  1. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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; and
  6. 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.

You may direct copyright infringement notifications to our DMCA Agent at 55 Court Street STE 340, Boston MA 02108, email: team@fairshot.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Fair Shot may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fair Shot’s sole discretion.

  1. Fair Shot Content (Our Content)

Any text, images, artwork, graphics, logos, or other intellectual property appearing within Fair Shot is property of Fair Shot App, Inc. We solely own the all of the rights and titles of Fair Shot’s Content and these rights remain with the company at all times.

Fair Shot grants all users a license to use the app within the guidelines set forth by this document. Users are forbidden to sell or modify content belonging to the company and at no time are allowed to use Fair Shot’s Content for commercial purposes. Again, be smart, only use Fair Shot for lawful purposes.

  1. Disclaimer

The materials within Fair Shot are provided on an ‘as is’ basis. Fair Shot App, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Fair Shot App, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Fair Shot.

  1. Limitations

In no event shall Fair Shot App, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Fair Shot, even if Fair Shot App, Inc. or a Fair Shot App, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Accuracy of materials

The materials appearing in Fair Shot could include technical, typographical, or photographic errors. Fair Shot App, Inc. does not warrant that any of the materials on Fair Shot are accurate, complete or current. Fair Shot App, Inc. may make changes to the materials contained in Fair Shot at any time without notice. However Fair Shot App, Inc. does not make any commitment to update the materials.

  1. Links

Fair Shot App, Inc. has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fair Shot App, Inc. of the site. Use of any such linked website is at the user’s own risk.

  1. Modifications

Fair Shot App, Inc. may revise these terms of service for its app at any time without notice. By using Fair Shot you are agreeing to be bound by the then current version of these terms of service.

  1. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.