Terms and Conditions
This Agreement contains the complete and entire understanding and agreement between you and the owners of this website ("Licensor") and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONTENT.
THE CONTENT IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING THE CONTENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT.
Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable, revocable license (a) to use the site and content only as authorized in this License Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in the litigation or arbitration matter whatsoever under any circumstances.
Except as authorized in this Agreement, no copies of this website or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under this License Agreement, including passwords and user names. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it. You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You may not place any of our products, modified or unmodified on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from shootingandmore.com. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.
Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor. Upon the event of such termination access will be suspended immediately and no refund of subscription fees will be made.
You acknowledge and agree that the content is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the content, including associated intellectual property rights, are and shall remain with Licensor.
THE CONTENT IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Guarantee of Correctness - No Legal Advice - No Medical Advice
The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that Licensor, its owners, partners, employees, officers, directors, solicitors, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance. Any activity in which you participate after viewing the content is entirely at your own risk and in no way is the Licensor liable.
The content may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site. You agree that Licensor does not have any liability for anything on someone else's website.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
Information Collected Automatically
In some cases, this website automatically (i.e., not via registration) collects technical information when you connect to our Website. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our site. Also, when you view the Website some information may be stored on your computer in the form of a "cookie" or similar file.
Information may also be collected if you provide it, such as your email address. This website does not target children under 16 years of age. Any email addresses that are collected are not shared with other persons.
SUBSCRIPTION SERVICE" means any of the shootmorepigeons.com subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee.
To use any SUBSCRIPTION SERVICE, you must, in addition to selecting the SUBSCRIPTION SERVICE you desire to purchase, submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, and your credit card number and other billing information. You hereby certify that all of the registration data you provide to shootingandmore.com is accurate and complete, and you agree to notify shootingandmore.com within twenty (20) days of any changes to such data. shootingandmore.com reserves the right, in its sole discretion, to refuse to provide a SUBSCRIPTION SERVICE to you for any reason.
Billing for the SUBSCRIPTION SERVICE shall be by valid credit, debit card or Paypal account (acceptable to shootingandmore.com) at the time of purchase. Your monthly payments for the SUBSCRIPTION SERVICE will be automatically charged to the credit, debit card or Paypal account provided by you (and acceptable to shootingandmore.com) at the time of your purchase (with such payments being charged in advance on a monthly basis, excluding any applicable free trial periods, if any) ("Monthly Subscription Service Fee"), and you hereby agree that shootingandmore.com is authorized to so charge your credit, debit card or Paypal account. shootingandmore.com, in its sole discretion, shall determine the prices it will charge for the SUBSCRIPTION SERVICE, and the terms and conditions applicable to the same, and shootingandmore.com may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your SUBSCRIPTION SERVICE as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit, debit card or Paypal account for the new monthly SUBSCRIPTION SERVICE fee.
shootingandmore.com grants you a non-exclusive, non-transferable, limited license to use the shootingandmore.COM WEBSITE for the sole purpose of viewing the content pursuant to the terms and conditions set forth herein. This Agreement does not constitute a license to use shootingandmore.com's trade names, service marks, trademarks, or any other shootingandmore.com proprietary marks.
shootmorepigeons.com DISCLAIMER OF WARRANTY
You agree and understand that you are using the SUBSCRIPTION SERVICE (and all components thereof) at your own risk. The SUBSCRIPTION SERVICE is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHOOTMOREPIGEONS.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. SHOOTMOREPIGEONS.COM DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SHOOTINGANDMORE.COM, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination or cancellation of this agreement.
LIMITATION OF LIABILITY
YOU AGREE THAT OUR ENTIRE LIABILITY AND THAT OF ANY THIRD PARTY PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE SUBSCRIPTION SERVICE, AND ANY MATTER ARISING OUT OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SUBSCRIPTION SERVICE. SHOOTMOREPIGEONS.COM, ITS CONTRACTORS, AFFILIATES (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE) AND PARENT COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SUBSCRIPTION SERVICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES. The terms of this Section will survive any termination or cancellation of this agreement.
Access to and Availability of Subscription
Subscription is only available to persons of 16 years of age or older.
Licensor reserves the right to change the format of or the hosting service for Subscription.
If access is suspended or interrupted or a fault or defect occurs, due to the fault of licensor, which prevents access to Subscription, Licensor’s liability shall be limited to restoring access to Subscription as soon as reasonably practicable and Licensor shall have no other liability to the Subscriber for such cessation of access.
If Licensor discovers any item or part of an item in Subscription which no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable, it shall use reasonable efforts to make the item or part of an item acceptable to remain in Subscription. If this is not possible, Licensor reserves the right at any time to withdraw from Subscription any such item or part of an item.
Neither party shall be responsible for any failure or delay in the performance of its obligations under this Agreement because of circumstances beyond its reasonable control.
shootingandmore.com reserves the right to modify this Agreement at its own discretion and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.
upon thirty (30) days written notice to you of any such modification and the effective date of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate or cancel this agreement by providing written notice to shootingandmore.com; you will not receive any refund of fees paid by you hereunder in connection with any such termination. If you do not terminate or cancel the Agreement, or if you continue to use the SUBSCRIPTION SERVICE following any modification to this Agreement, your continued use will mean that you have accepted that modification. Otherwise, this Agreement may not be modified except by the written consent of both parties.
Term and Termination
The term of this Agreement shall be for one (1) month, beginning on the first day of the month following the date of your agreement to the terms and conditions hereof (the "Effective Date") and shall thereafter continue on a month-to-month basis for successive monthly periods, unless either Party notifies the other of termination, in accordance herewith.
2 Termination without Cause
(a). By You
You may terminate this Agreement at any time upon notice to shootingandmore.com as provided herein. Unless terminated earlier as provided herein, this Agreement will be terminated as of the expiration of the monthly billing cycle in which your Notice of Service Cancellation was received and processed by shootingandmore.com.
(b). By shootingandmore.com
shootingandmore.com may terminate this Agreement at any time, without cause, upon thirty (30) days' prior written notice to you.
3 Termination for Default
shootingandmore.com may terminate this Agreement, without notice, if in the sole judgment of shootingandmore.com you are in violation of any of the Usage Guidelines set forth herein or payment is not received for the following month. shootingandmore.com may terminate this Agreement upon twenty (20) days' written notice if in the sole judgment of shootingandmore.com you are in default of any material provision of this Agreement (other than the Usage Guidelines) and you have not cured such default by the end of the twenty (20) days.
4 Effect of Termination
Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the shootingandmore.COM WEBSITE) will automatically terminate, and you shall immediately cease any use of the SHOOTINGANDMORE.COM WEBSITE and the SUBSCRIPTION SERVICE; shootingandmore.com shall immediately cease providing the SUBSCRIPTION SERVICE. shootingandmore.com will cease charging your credit, debit card or Paypal account for the Monthly Subscription Service Fee as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by shootingandmore.com, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs shootingandmore.com incurs in closing your account. You agree to pay any and all costs incurred by shootingandmore.com in enforcing your compliance with this Section.
You purchase the subscription for your personal use. Sharing your subscription with anyone is prohibited. It is your responsibility to keep your password private and secure. If you believe your password may have been compromised please notify us immediately.
All notices must be sent either in writing or by e-mail, except as otherwise expressly provided herein. All written notices to Shootmorepigeons.com shall be delivered to shootingandmore.com, Braxus, The Carp Store Ltd, Offiserve, Cobalt House, Centre Court, Sir Thomas Longley Road, Rochester, Kent ME2 4BQ. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or tracked mail, return receipt requested.
Intellectual Property Licence Agreement
The Intellectual Property licence agreement is made effective the date you take out a subscription and pay the fee due for such subscription.
BETWEEN; the licensor, Darren Bailey and shootingandmore.com, The Carp Store Ltd a company registered in England with its office at Braxus, The Carp Store Ltd, Offiserve, Cobalt House, Centre Court, Sir Thomas Longley Road, Rochester, Kent ME2 4BQ AND you, the subscriber.
Whereas, licensor is the owner of that certain Intellectual Property for which instructions and descriptions are given on the shootingandmore.com website.
Whereas, subscriber wishes to acquire one licence for personal use for the Intellectual Property identified on the shootingandmore.com website.
Now, the parties intent to be legally bound and agree as follows:
Technology means any technology owned by the licensor and licenced to the subscriber, related to products.
Intellectual property rights means all patents and system designs relating to IP as instructed on the shootmorepigeons.com website and licenced to the subscriber.
Documents include all information fixed in any tangible medium of expression in whatever form or format.
Technical information means all know-how and related technical knowledge of the licensor, relating to the Intellectual Property disclosed with subscription:
a. All trade secrets and other proprietary know-how.
b. Any information of a technical or business nature regardless of its form.
c. All information that can be or is used to define a design or process or procedure, produce, support or operate material and equipment.
d. All other equipment, parts lists, specifications, designs, technical data, descriptions, related instructions, manuals and procedures.
The terms of this Section will survive any termination of this agreement.
Licence of Intellectual Property
Licensor does hereby grant to the subscriber one licence for the Intellectual Property. This is a non-exclusive licence and the licensor is free to sell any number of licences to other subscribers. The terms of this Section will survive any termination of this agreement.
In consideration for the licence, subscriber shall pay licensor the subscription fee due immediately.
Representations and Warranties regarding the Intellectual Property
Licensor represents and warrants to the subscriber:
a. Licensor has the right, power and authority to enter into this Agreement
b. Licensor is the exclusive owner of all right, title and interest in the Technology free of any security interest, charge or encumbrance.
c. There are no claims, pending or threatened, with respect to Licensor’s rights in the Intellectual property.
d. The Agreement is valid, binding and enforceable in accordance with its terms
e. Licensor is not subject to any agreement, judgement or order inconsistent with the terms of this Agreement
f. Licensor is entitled to revoke the licence at any time.
The terms of this Section will survive any termination of this agreement.
Confidential Information regarding all information on shootmorepigeons.com particularly but not limited to the patented products
The Licensor considers the Intellectual Property and information on shootmorepigeons.com to be confidential and proprietary. Therefore, as a prerequisite to subscription the subscriber acknowledges that:
a. the information re the Intellectual Property and information on shootmorepigeons.com will be held by them at their home address.
b. it will use reasonable means, not less than that used to protect its own proprietary information, to safeguard the materials.
c. it will not show or otherwise disclose any portion of the materials or their contents to any one; in particular, it will not show or otherwise disclose the contents to independent contractors, consultants or companies
d. it will make no copies of the materials and will return all materials when asked upon the licensor’s written request.
The terms of this Section will survive any termination of this agreement.
This agreement constitutes the entire agreement between you and shootingandmore.com with respect to the SUBSCRIPTION SERVICE and your use of the SHOOTINGANDMORE.COM WEBSITE and supersedes all prior agreements between you and shootingandmore.com pertaining to the same. shootingandmore.com's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of England. You hereby consent to personal responsibility for any action arising out of or related in any way to this Agreement or relating to your use of the SUBSCRIPTION SERVICE (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and shootingandmore.com, and you do not have any authority to create any obligation or make any representation on shootingandmore.com's behalf. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without shootingandmore.com's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and shootingandmore.com and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE, shootingandmore.com is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the Shootmorepigeons.com Website or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.
Should the Licensor, or any heir, personal representative, successor or assign of either party hereto resort to litigation to enforce this Agreement, the licensor prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable solicitors fees and costs in such litigation from the subscriber against whom enforcement was sought.
You expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of jurisdiction in which Licensor resides, to the exclusion of any other applicable body of governing law. This Agreement is entered into in that jurisdiction and not any other jurisdiction.
The headings in this Agreement are for convenience only and shall not affect its interpretation.