Revision 2017_D (updated 2017-05-04)
Shoot’n Score It (SSI) is a service offered by by Two Story Software AB (TSSW). TSSW is a Swedish joint stock corporation with organization number 556749-2763.
By using TSSW’s products, software, services or web sites ("TSSW services" or "Services"), you agree to the following terms, policies and conditions ("Terms"), and any policies, guidelines or amendments thereto that may be presented to you from time to time.
TSSW may update these Terms in the future, and you will be able to find the most current version of this agreement within each TSSW service.
By completing the registration and creation of your individual account or logging in to such with SSI you agree to be bound by the following terms and conditions;
In order for you to be able to use a TSSW service, you must provide certain personal information - including but not limited to - e-mail address and name. You agree that your full name and email shall be accessible for all users of said TSSW service but such access shall be limited and only for the usage of the service.
If TSSW offers you different settings or profiles for what amount of personal data about you that shall be publicly visible and searchable, TSSW undertakes to take all reasonable business efforts to enforce these policy towards other users of such TSSW service, search engines and other.
In the event you register a user account following an invitation from another user of a TSSW service, other organization or individual, such information may also have been provided to TSSW by the inviting individual or organization.
Following receipt of such data, the TSSW service will process the same using automatic data processing in order to administer and otherwise perform its obligations within the scope of the services and to ensure that unauthorized persons or organizations do not gain access to the Services.
When using and providing information or content to a TSSW service, this may be seen and accessed by the other users of said TSSW service.
You are responsible for maintaining the confidentiality of your personal password that is used by you to access your account, and are responsible for all activities that occur under your account. You agree to immediately notify TSSW of any unauthorized use of your password or account or any other breach of security. TSSW cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
TSSW may store and retrieve session information on your end terminal equipment through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services as well as to improve the service. This will only be done after the user has given consent to it and such consent will be restricted in time after which the user will be required to confirm their consent. The user can at any moment remove (i.e. logout) said consent and then TSSW service shall no longer use this feature.
TSSW may send out regular information regarding the products or services to the users of said products or services. By using said product or service you as user have opted-in to receiving such information. If such information is provided by TSSW to the user, they will always be provided with a mean of opting-out any further communication of information regarding these products or services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. TSSW reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via TSSW services. You understand and agree that you use TSSW services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using TSSW services and for any consequences thereof. You agree to use TSSW services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that; you will not engage in any activity that interferes with or disrupts TSSW services or servers or networks connected to TSSW services, and to report any activity or Content that may violate the Terms.
In addition to this agreement, your use of some specific TSSW services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
If you are using a TSSW service within your role as employee, contractor or similar of a company or member of any other form of organization then you agree to comply with this company's or organization’s data usage and privacy policies when using this TSSW service.
You expressly understand and agree that:
1. Your use of TSSW services is at your sole risk. TSSW services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TSSW and partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
2. TSSW and partners do not warrant that (i) TSSW services will meet your requirements, (ii) TSSW services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of TSSW services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through TSSW services will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of TSSW services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from TSSW or through or from TSSW services shall create any warranty not expressly stated in the terms.
TSSW claims no ownership or control over any Content submitted, posted or displayed by you on or through TSSW services.
You or a third party licensee, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through TSSW services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through TSSW services you grant TSSW a worldwide, non-exclusive, sub-licensable, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on TSSW services for the purpose of displaying, distributing and promoting TSSW services.
TSSW reserves the right to syndicate Content submitted, posted or displayed by you on or through TSSW services and use that Content in connection with any service offered by TSSW. TSSW furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content submitted.
TSSW, its subsidiaries and affiliated companies, offer TSSW services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of TSSW services.
You acknowledge and agree that TSSW services and any necessary software used in connection with TSSW services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through TSSW services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TSSW or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, TSSW services or Software, in whole or in part except as specifically authorized in a separate written agreement. Except as expressly authorized by TSSW you agree not to use, copy, imitate, or incorporate any trademark, service mark, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter TSSW's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the TSSW services or Software.
You agree not to reproduce, duplicate, copy, sell, trade, reverse engineer, resell or exploit for any commercial purposes, any portion of TSSW services, use of TSSW services, or access to TSSW services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
TSSW will use reasonable best commercial effort to provide an uninterrupted and a bug free Service. If you feel that there are errors or bugs please report them as instructed within the specific service.
TSSW may automatically upgrades any Service to update, enhance and further develop TSSW services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. TSSW will use reasonable commercial effort to provide backwards compatibility with any data formats used for import or export of data to and from the service.
TSSW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TSSW services (or any part thereof) with or without notice. You agree that TSSW shall not be liable to you or to any third party for any modification, suspension or discontinuance of TSSW services.
You agree that TSSW has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by TSSW services. You acknowledge that TSSW may have set no fixed upper limit on the number of transmissions you may send or receive through TSSW services or the amount of storage space used; however, however TSSW retain the right, at their sole discretion, to create limits at any time with or without notice.
By using TSSW services, you acknowledge and agree that TSSW may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of TSSW, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of TSSW
services, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks, devices or services.
You also understand and agree that the TSSW system administrator may suspend or terminate your individual account access, your account as such and your ability to modify your account.
Some TSSW services may require payment for you to access and/or use them. All rates are stated in association with these services and shall be exclusive of Value Added Taxes (VAT) or any other applicable taxes unless explicitly stated so. VAT can and will be added to that total cost prior to your payment for this service when applicable. Said pricing will be made available under each TSSW service separately and may contain detailed payment terms.
TSSW reserves the right to change these rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account according to the Terms. You agree that by continuing to use the TSSW Services, following the adjustments of the rates, you accept such adjustments.
In some cases these account are for usage of some TSSW service within a specified time period, if none or only parts of this service has been used during this time period any remaining amount of service will expire and be lost after said time period has passed. TSSW may accept that you continue using a service even if your payment for this is late, your payment did not complete or similar, and when the payment for this completes TSSW have the right to add a reasonable interest rate to the total cost.
account for any TSSW service are non-refundable. There will be no refund in the event you terminate a TSSW Service pursuant to the Terms or in the event that TSSW terminates this Agreement without cause.
You may discontinue your use of TSSW services at any time. You agree that any information you previously entered might be required to be kept for providing services to other users of TSSW services and that this will then be removed when you discontinue your usage of the service. You agree that TSSW may at any time and for any reason, including a period of account inactivity, terminate your access to TSSW services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to TSSW services, your account or any files or other content contained in your account. Sections; 'Termination', 'Indemnity', 'Terms of Usage', 'Limitations of Liability', 'Exclusions and Limitations' and 'General Information' (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
Some TSSW services may be supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the TSSW services, queries made through TSSW services or other information. The manner, mode and extent of advertising by TSSW on its services are subject to change. As consideration for your use of TSSW services, you agree that TSSW may place such advertising and that TSSW shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on TSSW services or your subsequent dealings with advertisers.
TSSW services may provide, or third parties may provide, links to other World Wide Web sites or resources. TSSW may have no control over such sites and resources and you acknowledge and agree that TSSW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TSSW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify TSSW, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "TSSW and Partners") from and against any third party claim arising from or in any way related to your use of TSSW services, violation of the Terms or any other actions connected with use of TSSW services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TSSW will provide you with written notice of such claim, suit or action.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that TSSW may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on TSSW services.
You expressly understand and agree that TSSW and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TSSW or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use TSSW services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from TSSW services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on TSSW services; or (v) any other matter relating to TSSW services.
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability, which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 'disclaimer of warranties' and 'limitation of liability’, which are lawful in your jurisdiction, will apply to you and our liability will be limited to the maximum extent permitted by law.
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Privacy Policies, Pricing and Legal Notices) constitute the entire agreement between you and TSSW and govern your use of TSSW services, superseding any prior agreements between you and TSSW for the use of TSSW services.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TSSW services, affiliate services, third-party content or third-party software.
The Terms and the relationship between you and TSSW shall structured in accordance with, and be governed by, the laws of Sweden, without regard to principles of conflict of laws.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute) using its rules for Expedited Arbitration.
The failure of TSSW to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of TSSW services or the
Terms must be filed within ten (10) business days after such claim or cause of
action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect
Two Story Software AB