Terms and Conditions
Welcome to ShootSpot! These terms and conditions outline the rules and regulations for the use of ShootSpot's website and services, located at www.shootspot.com. By accessing this website and using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services.
1. Definitions
In these Terms and Conditions:
- "ShootSpot" refers to ShootSpot Inc., its subsidiaries, and affiliates.
- "User" refers to anyone who accesses or uses the ShootSpot website or services.
- "Location" refers to any property listed on the ShootSpot platform available for booking.
- "Host" refers to the owner or manager of a Location listed on ShootSpot.
- "Client" refers to a User who books a Location through ShootSpot.
- "Content" refers to any text, images, videos, or other materials posted or shared on the ShootSpot platform.
2. Use of the Website
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
You agree to use the ShootSpot website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
3. Account Registration
To access certain features of the ShootSpot platform, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form and to maintain and promptly update your registration data to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
You agree to notify ShootSpot immediately of any unauthorized use of your account or any other breach of security. ShootSpot will not be liable for any loss or damage arising from your failure to comply with this section.
4. Location Listings
Hosts are solely responsible for the accuracy, completeness, and legality of their Location listings on ShootSpot. Hosts agree to provide detailed descriptions of their Locations, including amenities, availability, pricing, and any applicable rules or restrictions.
ShootSpot reserves the right to remove any Location listing that violates these Terms and Conditions or any applicable laws or regulations. ShootSpot does not guarantee the accuracy of any Location listing and is not responsible for any discrepancies or misrepresentations.
5. Booking and Payments
Clients may book Locations through the ShootSpot platform subject to the availability and terms specified in the Location listing. By booking a Location, Clients agree to pay the specified price, including any applicable taxes and fees.
ShootSpot uses secure payment processing systems to facilitate payments between Clients and Hosts. ShootSpot is not responsible for any payment disputes or issues arising from the use of these systems. All payment transactions are subject to the terms and conditions of our payment processing partners.
Cancellations are subject to the cancellation policy specified in the Location listing. ShootSpot is not responsible for enforcing cancellation policies and any disputes regarding cancellations must be resolved directly between the Client and the Host.
6. Intellectual Property
The ShootSpot website and its original content, features, and functionality are owned by ShootSpot Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you violate these intellectual property rights, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. User Content
Users may post Content on the ShootSpot platform, including reviews, comments, and other materials. By posting Content, you grant ShootSpot a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
You are solely responsible for the Content you post on the ShootSpot platform. You warrant that your Content does not violate these Terms and Conditions or any applicable laws or regulations. ShootSpot reserves the right to remove any Content that violates these Terms and Conditions or any applicable laws or regulations.
You agree not to post any Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise objectionable.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall ShootSpot Inc., its affiliates, directors, employees, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the ShootSpot website or services.
ShootSpot is not responsible for the conduct, whether online or offline, of any User of the ShootSpot platform. You are solely responsible for your interactions with other Users.
ShootSpot is not liable for any damages or losses arising from any event beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ShootSpot for the services during the six (6) months prior to the event giving rise to liability.
9. Indemnification
You agree to defend, indemnify, and hold harmless ShootSpot Inc., its affiliates, directors, employees, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ShootSpot website and services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
10. Dispute Resolution
Any dispute arising out of or relating to these Terms and Conditions or the use of the ShootSpot website or services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California. The decision of the arbitrator shall be final and binding on all parties.
Notwithstanding the foregoing, ShootSpot reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
12. Changes to Terms and Conditions
ShootSpot reserves the right to modify or amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the ShootSpot website. Your continued use of the website and services following the posting of changes will mean that you accept and agree to the changes.
It is your responsibility to review these Terms and Conditions periodically for changes. If you do not agree to the modified terms, you should discontinue your use of the ShootSpot website and services.
13. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
ShootSpot Inc.
Legal Department
456 Oak Avenue, Suite 789
Beverly Hills, CA 90210
Email: legal@shootspot.com
Phone: +1 914-944-3474
14. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and ShootSpot Inc. regarding the use of the ShootSpot website and services, superseding any prior agreements between you and ShootSpot.