Terms of Service
All capitalized terms used in this Terms and Conditions of Service agreement have the meaning set
forth in the section titled “Definitions”.
By using the Website, Customer accepts the practices described in these Terms and Conditions of Service. If Customer does not agree to these Terms and Conditions of Service, the Customer may not use the Website. ShootingCalendar reserves the right to modify or amend the Terms and Conditions of Service at any time without notice. The Customer’s continued use of the Website following the posting of changes to these terms will mean the Customer accepts those changes. Any new features that augment or enhance the current Service shall be subject to these Terms and Conditions of Service. Continued use of the Website after any such changes will mean the Customer accepts those changes.
“Agreement” means these Terms and Conditions of Service and any document referencing these Terms and Conditions of Service, and any other schedules, exhibits or appendices thereto, whether attached or incorporated by reference.
“Confidential Information” means all information which ShootingCalendar protects against unrestricted disclosure to others, including but not limited to: (a) the ShootingCalendar Service, including without limitation the following information regarding ShootingCalendar’s Service: (i) computer software source code, programming techniques and programming concepts, methods of processing, system designs embodied in ShootingCalendar’s Service; (ii) data structures, logic diagrams, functional specifications; and (iii) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, techniques and processes relating to the Service; (b) the research and development or investigations of ShootingCalendar; and (c) product offerings, content partners, product pricing, technical drawings, algorithms, processes, ideas, techniques, formulas, data, schematics, trade secrets, know-how, improvements, marketing plans, forecasts and strategies;
“Content” means visual, audio, numeric, graphical, text or other data or content made available through the Website or otherwise by ShootingCalendar for use in conjunction with the Service. “Customer” means the entity or individual that has consented to this Agreement by execution of an Order Form that references these Terms and Conditions or by any other legally binding method of acceptance of this Agreement, including checking a box on a registration page or any other page on the Website that precedes access to the Service.
“Customer Data” means any materials, data and information provided by Customer or its Named Users to ShootingCalendar in the course of using the Service.
“Marks” means all trademarks, service marks and trade names of ShootingCalendar and its partners and licensors used herein (including without limitation the name, logo, and the associated designs and logos.
“Named User” means any user licensed under this Agreement and authorized by Customer to access and use the Service through the use of a username, email address, and password that is exclusive to that user.
“Order Form” means the written order form or other ordering documentation (including a registration Webpage or Website) entered into by ShootingCalendar and Customer containing the specific terms and conditions applicable to the Service and which references these General Terms and Conditions. “Online Services” means any service provided through a Website established by ShootingCalendar. “ShootingCalendar” means the corporation ShootingCalendar, LLC, the entity that is party to this Agreement and identified by these Terms and Conditions of Service as providing the Service to Customer. “ShootingCalendar Web Application” means the online, Web-based applications and platform operated by ShootingCalendar via http://www.ShootingCalendar.com and/or other designated Web-based applications that have ShootingCalendar.com as its domain name and any other name as a subdomain, that are ordered by the Customer as part of a free trial or under an Order Form.
“Website” means the website operated by ShootingCalendar via http://www.ShootingCalendar.com and/or other designated websites that have ShootingCalendar.com as its domain name and any other name as a subdomain.
Information pertaining to a Named User, including but not limited to the username, email, and name, must correspond to the person who uses or will use the credentials of the Named User to access and use the Service.
No person may use the Service directly or indirectly if the person is employed by, has a competitive interest in, or operates a business that is a competitor of ShootingCalendar, unless the person has been granted express written permission to do so by ShootingCalendar.
The username and password of a Named User is for the exclusive use of that Named User and may not be used by any other person or entity.
Customer shall not license, sell, lease, rent, outsource or otherwise make available the Service to third parties, other than Named Users and Affiliates. Customer shall be responsible for the acts and omissions of its Affiliates and Named Users as if they were the acts and omissions of Customer. When using the Service Customer shall not, and shall ensure that its Affiliates and Named Users do not: (a) attempt to translate, decompile, reverse-engineer, or decipher any part of the Website, or otherwise infringe upon the intellectual property rights of ShootingCalendar or unauthorized use or disclose of Confidential Information; (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) interfere with or disrupt the ShootingCalendar software, the ShootingCalendar systems used to host the Service, other equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service made known to Customer; (d) circumvent the user authentication or security of the Site or Service or any host, network, or account related thereto; (e) use any application programming interface to access the Service other than those made available by ShootingCalendar; (f) mirror the Site on any server; (g) make any use of the Service that violates any applicable local, state, national, international or foreign law; or (h) fail to use commercially reasonable efforts to prevent the unauthorized license, sale, transfer, lease, transmission, distribution or other disclosure of the Service, or (i) except for licenses provided to Named Users as permitted in this Agreement, allow any third party to use any user identification(s), code(s), password(s), procedure(s) and user keys issued to, or selected by, Customer for access to the Service.
If Customer is granted a license under this Agreement to a free (no fee) version of the Service, to the extent permitted by applicable law, Customer agrees that (i) ShootingCalendar has no obligation to provide any particular service level or support services, and (ii) ShootingCalendar may cease providing the Service at any time without notice.
By using the Website, Customer accepts the practices described in these Terms and Conditions of Service. If Customer does not agree to these Terms and Conditions of Service, the Customer may not use the Website. ShootingCalendar reserves the right to modify or amend the Terms and Conditions of Service at any time without notice. The Customer’s continued use of the Website following the posting of changes to these terms will mean the Customer accepts those changes. Any new features that augment or enhance the current Service shall be subject to these Terms and Conditions of Service. Continued use of the Website after any such changes will mean the Customer accepts those changes.
Definitions
“Affiliate” means any legal entity in which the Customer, directly or indirectly, holds more than fifty percent (50%) of the shares or voting rights. Any such company shall be considered an Affiliate for only such time as such interest is maintained.“Agreement” means these Terms and Conditions of Service and any document referencing these Terms and Conditions of Service, and any other schedules, exhibits or appendices thereto, whether attached or incorporated by reference.
“Confidential Information” means all information which ShootingCalendar protects against unrestricted disclosure to others, including but not limited to: (a) the ShootingCalendar Service, including without limitation the following information regarding ShootingCalendar’s Service: (i) computer software source code, programming techniques and programming concepts, methods of processing, system designs embodied in ShootingCalendar’s Service; (ii) data structures, logic diagrams, functional specifications; and (iii) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, techniques and processes relating to the Service; (b) the research and development or investigations of ShootingCalendar; and (c) product offerings, content partners, product pricing, technical drawings, algorithms, processes, ideas, techniques, formulas, data, schematics, trade secrets, know-how, improvements, marketing plans, forecasts and strategies;
“Content” means visual, audio, numeric, graphical, text or other data or content made available through the Website or otherwise by ShootingCalendar for use in conjunction with the Service. “Customer” means the entity or individual that has consented to this Agreement by execution of an Order Form that references these Terms and Conditions or by any other legally binding method of acceptance of this Agreement, including checking a box on a registration page or any other page on the Website that precedes access to the Service.
“Customer Data” means any materials, data and information provided by Customer or its Named Users to ShootingCalendar in the course of using the Service.
“Marks” means all trademarks, service marks and trade names of ShootingCalendar and its partners and licensors used herein (including without limitation the name, logo, and the associated designs and logos.
“Named User” means any user licensed under this Agreement and authorized by Customer to access and use the Service through the use of a username, email address, and password that is exclusive to that user.
“Order Form” means the written order form or other ordering documentation (including a registration Webpage or Website) entered into by ShootingCalendar and Customer containing the specific terms and conditions applicable to the Service and which references these General Terms and Conditions. “Online Services” means any service provided through a Website established by ShootingCalendar. “ShootingCalendar” means the corporation ShootingCalendar, LLC, the entity that is party to this Agreement and identified by these Terms and Conditions of Service as providing the Service to Customer. “ShootingCalendar Web Application” means the online, Web-based applications and platform operated by ShootingCalendar via http://www.ShootingCalendar.com and/or other designated Web-based applications that have ShootingCalendar.com as its domain name and any other name as a subdomain, that are ordered by the Customer as part of a free trial or under an Order Form.
“Website” means the website operated by ShootingCalendar via http://www.ShootingCalendar.com and/or other designated websites that have ShootingCalendar.com as its domain name and any other name as a subdomain.
License to Use Online Services
Subject to the terms of this Agreement, ShootingCalendar grants to Customer the nontransferable and nonexclusive right during the term stated in the Order Form to permit Named Users to remotely access and use the Service solely for Customer’s own internal business purposes as permitted by this Agreement.General Usage Terms
A Named User must be at least 13 years of age to use the Service.Information pertaining to a Named User, including but not limited to the username, email, and name, must correspond to the person who uses or will use the credentials of the Named User to access and use the Service.
No person may use the Service directly or indirectly if the person is employed by, has a competitive interest in, or operates a business that is a competitor of ShootingCalendar, unless the person has been granted express written permission to do so by ShootingCalendar.
The username and password of a Named User is for the exclusive use of that Named User and may not be used by any other person or entity.
Customer shall not license, sell, lease, rent, outsource or otherwise make available the Service to third parties, other than Named Users and Affiliates. Customer shall be responsible for the acts and omissions of its Affiliates and Named Users as if they were the acts and omissions of Customer. When using the Service Customer shall not, and shall ensure that its Affiliates and Named Users do not: (a) attempt to translate, decompile, reverse-engineer, or decipher any part of the Website, or otherwise infringe upon the intellectual property rights of ShootingCalendar or unauthorized use or disclose of Confidential Information; (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) interfere with or disrupt the ShootingCalendar software, the ShootingCalendar systems used to host the Service, other equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service made known to Customer; (d) circumvent the user authentication or security of the Site or Service or any host, network, or account related thereto; (e) use any application programming interface to access the Service other than those made available by ShootingCalendar; (f) mirror the Site on any server; (g) make any use of the Service that violates any applicable local, state, national, international or foreign law; or (h) fail to use commercially reasonable efforts to prevent the unauthorized license, sale, transfer, lease, transmission, distribution or other disclosure of the Service, or (i) except for licenses provided to Named Users as permitted in this Agreement, allow any third party to use any user identification(s), code(s), password(s), procedure(s) and user keys issued to, or selected by, Customer for access to the Service.
If Customer is granted a license under this Agreement to a free (no fee) version of the Service, to the extent permitted by applicable law, Customer agrees that (i) ShootingCalendar has no obligation to provide any particular service level or support services, and (ii) ShootingCalendar may cease providing the Service at any time without notice.