Date of Last Revision: July 17, 2020
AlphaShooters strive to create consistent standards for all of our users. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.. If you have questions about these terms please contact us.
1. User Content
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. AlphaShooters.com (Alpis Media Limited) does not claim any ownership, right, title or interest in and to your User Content.
You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.
AlphaShooters may remove or modify any Content submitted at any time, with or without cause, with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. AlphaShooters may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice.
From time to time AlphaShooters may limit the amount of User Content, including your photographs, stored via the Site. AlphaShooters have the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if AlphaShooters were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While AlphaShooters will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.
2. Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited messages containing promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose AlphaShooters or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.
3. Your Account
4. Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. We provide privacy options and settings for your content available in the Privacy section of your applicable user account (the “Account Settings”).
AlphaShooters use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. We are not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the privacy settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify us of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to us.
5. Third Party Services
AlphaShooters does not indicate affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Services. AlphaShooters makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
6. Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by other users of the Services, AlphaShooters Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including other users of the Services or AlphaShooters Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. AlphaShooters does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the AlphaShooters Vendors or third party service providers. AlphaShooters is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with any of them or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
7. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE ALPHASHOOTERS MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALPHASHOOTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE ALPHASHOOTERS MATERIALS, AND THE PRODUCTS.
ALPHASHOOTERS DOES NOT REPRESENT OR WARRANT THAT THE ALPHASHOOTERS MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM ALPHASHOOTERS OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALPHASHOOTERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. ALPHASHOOTERS ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL ALPHASHOOTERS OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY 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 OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE ALPHASHOOTERS MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ALPHASHOOTERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ALPHASHOOTERS’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALPHASHOOTERS, 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 OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE ALPHASHOOTERS MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO ALPHASHOOTERS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Dispute Resolution
- Applicable Law
- Agreement to Arbitrate & Waiver of Representative Actions
Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ALPHASHOOTERS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 10, YOU ARE NOT PERMITTED TO USE THE SERVICES.
The arbitrator will not be bound by rulings in prior arbitrations involving different AlphaShooters users but is bound by rulings in prior arbitrations involving the same AlphaShooters user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND ALPHASHOOTERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ALPHASHOOTERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ALPHASHOOTERS USERS.
ADDITIONAL TERMS APPLICABLE TO ALPHASHOOTERS PRO MEMBER ACCOUNTS
The AlphaShooters Pro Services are available to users (i) who register for an account on AlphaShooters.com/community/ (“Subscription”) and (ii) who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription selected by such user (the “Subscription Plan”). If you wish to purchase a Subscription, we use a third party payment processor (e.g., Amazon Payments or PayPal) to facilitate your payment of any Subscription Fees. By submitting Payment Information via the Services, you warrant that you have the legal right to use any such credit card or other payment mechanism that you provide to facilitate the transaction.
- Free Trial
When you first register on AlphaShooters.com/community/, we may offer you the ability to use the AlphaShooters Pro Services without charge for a limited trial period (a “Free Trial”). The duration of a Free Trial will be the number of days specified by AlphaShooters at the time of your registration for such Free Trial. You need to provide AlphaShooters (or our applicable third party payment processor) with valid Payment Information and select a Subscription Plan in order to register for a Free Trial. At the conclusion of your Free Trial, you will be charged for the Subscription Fee applicable to your selected Subscription Plan unless you elect to cancel your AlphaShooters Pro Membership account prior to the expiration of your Free Trial. AlphaShooters may offer you the ability to register for a Subscription directly without the need to participate in a Free Trial.
- Subscription Plans
AlphaShooters offers a variety of Subscription Plans designed to reflect the diverse needs of our users, each with its own features, descriptions, functionality and terms with respect to the use of the Services. A description of each Subscription Plan that is currently offered by AlphaShooters is available at https://www.alphashooters.com/community/pages/pro-upgrade/. By purchasing a Subscription, (i) you agree to pay all applicable Subscription Fees and other charges in accordance with your selected Subscription Plan, pursuant to the renewal and termination provisions described below (including any applicable taxes, such as sales tax), and (ii) you agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
Each Subscription is personal to the individual AlphaShooters user. You may not transfer or assign your Subscription to another individual, entity or AlphaShooters user unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
- Term and Automatic Renewal
Your Subscription is valid commencing on the date in which AlphaShooters provides you with access to the Services pursuant to its receipt of your valid Payment Information (the “Commencement Date”) and will last for the duration of the Subscription term that you select at the time of your registration for the AlphaShooters Pro Services (the “Subscription Term”).
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR ALPHASHOOTERS PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION.
You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the AlphaShooters Pro Services if: (i) the Subscription Fee for your Subscription Plan changes during your applicable Subscription Term, or (ii) if you change your Subscription Plan or Subscription Term during the previous Subscription Term. AlphaShooters will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the AlphaShooters Pro Services.
AlphaShooters reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the AlphaShooters Pro Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the AlphaShooters Pro Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by AlphaShooters, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the AlphaShooters Pro Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
ALPHASHOOTERS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE ALPHASHOOTERS PRO SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
- Termination of Services
You may request the termination of your Subscription at any time by canceling your account in the Subscription section of your Account Settings, or by sending a message through contact us providing clear written notice of such request. When AlphaShooters receives your termination request, AlphaShooters will terminate your Subscription and notify you of such termination via email. AlphaShooters may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from AlphaShooters. If you terminate your Subscription, such termination will be effective at the end of any previously paid Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective at the end of the two months remaining in your Subscription Term and you will have access to the AlphaShooters Pro Services for the remaining two months of such Subscription.
All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using the Account Settings available in your user profile. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then AlphaShooters may terminate your AlphaShooters Pro Services account for nonpayment. If AlphaShooters does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. AlphaShooters cannot guarantee that you will receive notice of the termination of your account.
- Backup Policy
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. ALPHASHOOTERS IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE ALPHASHOOTERS SERVICES.
AlphaShooters uses third party vendors to host and store any Media that you upload to AlphaShooters through your use of the AlphaShooters Pro Services. We may require our vendors to maintain certain standards with respect to your User Content, but AlphaShooters does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. AlphaShooters does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis. Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to AlphaShooters data destruction policies and cannot be recovered by AlphaShooters or any third party vendor following deletion.
Use of the AlphaShooters Pro Services does not create a partnership, agency, joint venture or any employee-employer relationship between you and AlphaShooters. At all times the relationship between you and AlphaShooters will be that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the AlphaShooters Pro Services.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, AlphaShooters has adopted a policy of terminating, in appropriate circumstances and at AlphaShooters’s sole discretion, the accounts of users who are deemed to be repeat infringers. AlphaShooters may also, at its sole discretion, limit access to AlphaShooters’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. AlphaShooters will respond to claims of copyright infringement committed using AlphaShooters that are reported to AlphaShooters’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to AlphaShooters’s Designated Copyright Agent. Upon receipt of the Notice as described below, AlphaShooters will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”):
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to AlphaShooters’s Designated Copyright Agent:
Address of Designated Agent:
ATTN: Copyright Agent
Alpis Media Limited
Bank Street Business Centre,
6 Bank Street,
If you do not agree with these terms, please do not register or use the Service. Use of the Service constitutes acceptance of these terms. If you wish to close your account, please contact us.
16. Trading Name.