If you do not wish to become a User, or to be bound by these Terms, do not access, view, download, or otherwise use the SLA or the related DSP services and/or websites. By becoming a user, you acknowledge that you have read and understand the terms and conditions of these Terms and that you agree to be bound by all of its provisions.
Digital Surgeons reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms for changes. Your continued use of the SLA following the posting of changes will act as your acceptance and agreement to be bound by the changes.
We reserve the right to modify or terminate the SLA for any reason, without notice at any time. This right applies to SLA as a whole or with respect to the ability to terminate your service individually, at the discretion of Digital Surgeons, its subsidiaries or affiliates.
We reserve the right to alter these Terms at any time.
We reserve the right to refuse use of the SLA by anyone for any reason at any time.
We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
We may, but have no obligation to, remove User Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Any and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “ShootLocal Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such ShootLocal Content, contained on the application platform is owned, controlled or licensed by or to Digital Surgeons, and is currently protected, or pending protection, by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no ShootLocal Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) without the prior written consent of Digital Surgeons.
Digital Surgeons does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "User Content") that you post engaging in the SLA. By displaying or publishing ("posting") any User Content on or through the SLA, you hereby grant to Digital Surgeons a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content, including without limitation distributing part or all of the User Content in any media formats through any media channels, which Digital Surgeons deems appropriate.
ShootLocal may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Digital Surgeons may place such advertising and promotions inside the SLA on, about, or in conjunction with your User Content and/or User profile. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) you own the User Content posted by you on or through the SLA or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your User Content on or through the SLA does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your User Content on the SLA or its affiliated website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the SLA or website.
Although the SLA are normally available, there will be occasions when the SLA will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Digital Surgeons. Also, although Digital Surgeons will normally only delete content that violates these Terms, Digital Surgeons reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by Digital Surgeons in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Digital Surgeons encourages you to maintain your own backup of your User Content. In other words, Digital Surgeons and the SLA is not a backup service. Digital Surgeons will not be liable to you for any modification, suspension, or discontinuation of the SLA, or the loss of any User Content.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the SLA, any ShootLocal Content, or DSP, or in any way reproduce or circumvent the navigational structure or presentation of the SLA or ShootLocal Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the application.
You may not attempt to gain unauthorized access to any portion or feature of the application, or any other systems or networks connected to the application or to any DSP, or to any of the services offered on or through the SLA or its website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the SLA or any network connected to the SLA or its website, or DSP, nor breach the security or authentication measures on the SLA or any network connected to it or DSP.
You may not reverse look-up, trace or seek to trace any information on any other user of the SLA, or any customer, partner, affiliate or subsidiary of Digital Surgeons.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SLA or DSP systems or networks, or any systems or networks connected to the SLA, to DSP, or to Digital Surgeons generally.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the SLA.
You may not pretend that you are, or that you represent, Digital Surgeons, or an individual associated with the support or maintenance of SLA.
You may not use the application or any ShootLocal Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Digital Surgeons or others.
Certain features or services offered on or through the application may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Digital Surgeons immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Digital Surgeons or any other user of the application, or affected third party, due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Digital Surgeons cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
DIGITAL SURGEONS DOES NOT PROMISE THAT THE APPLICATION OR ANY SHOOTLOCAL CONTENT, SERVICE OR FEATURE OF THE SHOOTLOCAL APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SHOOTLOCAL APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE SHOOTLOCAL APPLICATION AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED IN THE APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. DIGITAL SURGEONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATION OR THE APPLICATION’S WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DIGITAL SURGEONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGITAL SURGEONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION AND/OR ANY ASSOCIATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY LINKED SITES, SERVICES OR APPLICATIONS. YOUR SOLE REMEDY AGAINST DIGITAL SURGEONS FOR DISSATISFACTION WITH THE APPLICATION OR ANY SHOOTLOCAL CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Digital Surgeons reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the SLA, or any portion of the application, for any reason; (2) to modify or change the SLA, or any portion of the application, and any applicable policies or terms; and (3) to interrupt the operation of the SLA, or any portion of the application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL DIGITAL SURGEONS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIGITAL SURGEONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Digital Surgeons, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Digital Surgeons by any third party due to or arising out of or in connection with your use of the SLA or indirect use of DSP.
Digital Surgeons may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the SLA, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Digital Surgeons’ rights in the SLA or DSP, or the rights or property of visitors to or users of the SLA. Digital Surgeons reserves the right at all times to disclose any information that Digital Surgeons deems necessary to comply with any applicable law, regulation, legal process or governmental request. Digital Surgeons also may disclose your information when Digital Surgeons determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Digital Surgeons may preserve any transmittal or communication by you with Digital Surgeons through the SLA or its website, DSP, or any service offered on or through Digital Surgeons other online properties and platforms, and may also disclose such data if required to do so by law or Digital Surgeons determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Digital Surgeons, its employees, users of the SLA, and the public.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Digital Surgeons, for which monetary damages would be inadequate, and you consent to Digital Surgeons obtaining any injunctive or equitable relief that Digital Surgeons deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Digital Surgeons may have at law or in equity.
You agree that Digital Surgeons may, in its sole discretion and without prior notice, terminate your access to the SLA for any reason, at the discretion of Digital Surgeons.
If Digital Surgeons does take any legal action against you as a result of your violation of these Terms, Digital Surgeons will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Digital Surgeons. You agree that Digital Surgeons will not be liable to you or to any third party for termination of your access to the SLA as a result of any violation of these Terms.
You agree that all matters relating to your access to or use of the SLA, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Haven County, Connecticut, and waive any objection to such jurisdiction or venue.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Digital Surgeons with regard to your use of the SLA, and any and all other written or oral agreements or understandings previously existing between you and Digital Surgeons with respect to such use are hereby superseded and cancelled.
DS’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by DS of any provision or any right it has to enforce these Terms, nor shall any course of conduct between DS and you or any other party be deemed to modify any provision of these Terms.