TERMS OF USE POLICY

Last updated: May 2010

Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE, OR ANY PAGE THEREIN, YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

These terms and conditions of use ("Terms of Use") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Clipshot, LLC., its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify Clipshot, LLC. for violations of these Terms of Use.

Privacy Policy

Clipshot, LLC. is committed to protecting your privacy. Please refer to our Privacy Policy (hyperlink to Privacy Policy) for information on how we collect, use and disclose personal information. The contents of the Privacy Policy are incorporated by reference into these Terms of Use.

Ownership of the Site and its Contents

This Site is owned by Clipshot, LLC. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Content"), is owned by Clipshot, LLC., its licensors, or its third-party image partners.

All elements of the Site, including the Clipshot, LLC. Content, are protected by copyright, trade dress, moral rights, trademark and other laws, at common law or statutory, relating to the protection of intellectual property (collectively Intellectual Property Laws).

Use of the Site

This Site and the Clipshot, LLC. Content are intended for customers of Clipshot, LLC.. You may not use this Site or the Clipshot, LLC. Content for any purpose not related to your business with Clipshot, LLC.. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Clipshot, LLC. Content without, or in violation of, a written license or agreement with Clipshot, LLC.; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Clipshot, LLC. Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Clipshot, LLC. product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Clipshot, LLC. Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Infringement Policy (DMCA Claims)

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Clipshot, LLC. has adopted a policy of terminating, in appropriate circumstances and at Clipshot, LLC.' sole discretion, account holders who infringe the intellectual property rights of Clipshot, LLC. or any third party.

DMCA Notices / Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
Clipshot, LLC. Legal Department
2333 Stirling Road
Fort Lauderdale, FL 33312
Phone: (954) 364-4130
Fax: (954) 364-4125
E-mail: copyright@clipshot.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Clipshot, LLC Trademarks

Clipshot, LLC. Trademarks, the Clipshot, LLC. logo, and any other product or service name or slogan contained in the Site are trademarks of Clipshot, LLC. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Clipshot, LLC. or the applicable trademark holder. For the purposes of these Terms of Use, the term “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Clipshot, LLC. You may not use metatags or any other "hidden text" utilizing "Clipshot, LLC." or any other name, trademark or product or service name of Clipshot, LLC. without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Clipshot, LLC. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Use of Content

Certain Content of this site will be made available to users who pay Clipshot, LLC a fee for such Content and / or enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with Clipshot, LLC, you may not download, distribute, display and/or copy the content.

Links

You may not use a Clipshot, LLC. logo or other proprietary graphic of Clipshot, LLC. to link to this Site without the express written permission of Clipshot, LLC.. Further, you may not frame any Clipshot, LLC. trademark, logo or other proprietary information, including the Clipshot, LLC. Content, without Clipshot, LLC.' express written consent.

Clipshot, LLC. makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Clipshot, LLC. and Clipshot, LLC. is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Clipshot, LLC. provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Clipshot, LLC. of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Clipshot, LLC. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Clipshot, LLC. immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification

You agree to defend, indemnify and hold harmless Clipshot, LLC., its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Clipshot, LLC. Content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE CLIPSHOT, LLC. CONTENT ARE PROVIDED "AS IS" AND CLIPSHOT, LLC. AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIPSHOT, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CLIPSHOT, LLC. CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CLIPSHOT, LLC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CLIPSHOT, LLC. CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CLIPSHOT, LLC. CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Clipshot, LLC. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Clipshot, LLC. Content, but we make no representations or warranties as to the Clipshot, LLC. Content's accuracy, correctness or reliability.

Clipshot, LLC. offers a search feature within the Site. Clipshot, LLC. explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Clipshot, LLC. also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL CLIPSHOT, LLC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CLIPSHOT, LLC. CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CLIPSHOT, LLC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLIPSHOT, LLC.' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLIPSHOT, LLC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CLIPSHOT, LLC. FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the Clipshot, LLC. Content shall be submitted to confidential arbitration in Fort Lauderdale, Florida, except that, to the extent you have in any manner violated or threatened to violate Clipshot, LLC.' intellectual property rights, Clipshot, LLC. may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.

Termination

Notwithstanding any of these Terms of Use, Clipshot, LLC. reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site without liability to you.

Miscellaneous Provisions

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Clipshot, LLC.. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Terms of Use

Clipshot, LLC. reserves the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Terms of Use. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Use whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Terms of Use may be directed to Clipshot, LLC. at info@clipshot.com.

© 2010 Clipshot, LLC. All rights reserved. Terms and Conditions of Use.