Terms of Use
Last updated: Oct. 20, 2020
THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO WITH ARACHNID 360, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY (“ARACHNID,” “WE” OR US”), AND YOU, THE INDIVIDUAL USER (“YOU” AND “YOUR”) AND GOVERNS YOUR USE OF BULLSHOOTER.COM (“WEBSITE”). THE FOLLOWING TERMS AND CONDITIONS MAY SOMETIMES BE REFERRED TO AS “AGREEMENT” HEREINAFTER.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. YOU ALSO AGREE THAT BY ACCEPTING THESE TERMS, YOU ACCEPT OUR COLLECTION AND USE OF CERTAIN DATA AS SET FORTH IN OUR PRIVACY POLICY. SEPARATE TERMS OF SALE APPLY TO YOUR PURCHASE OF ANY OF THE PRODUCTS WE SELL THROUGH THIS WEBSITE.
THE RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT SHALL ONLY BE GRANTED TO YOU UPON YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS:
1. Access Rights. Subject to Your continued compliance with this Agreement, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use those elements of this Website that have been made generally available to all website visitors in order to view and purchase the products we offer including access to all text, graphics, headers, banners, images, source code, tags, videos, applications, files and any other separate Website and/or database element made available to You through the Website (“Materials”). We shall exclusively retain all rights not expressly granted to You as set forth herein in and to the Materials together with all trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto.
Your ability to access and use the Website may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet , including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use of the Website.
2. General Use Restrictions. You are not authorized to (i) resell or sublicense, outsource, time-share or rent the Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Website separate Materials or use unauthorized versions of any Materials for purposes including (without limitation) to gain unauthorized access to elements of the Website; or (iv) otherwise use the Website or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Materials, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to Your use of the Website.
3. Products Discontinuance. In our sole discretion, we may change, discontinue, suspend or terminate the availability of some or all of the Products, at any time for any reason, with or without notice to You. We will not be liable for any damages of any kind as a result of any such restriction, discontinuance, change, suspension or termination of all or any portion of the Products
4. Dartboard Giveaway Promotions. We may offer dartboard giveaway promotions from time to time under separate terms posted on this Website. These promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.
5. Our Intellectual Property. All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Vimeo, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc., posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
6. Our External Links Policy. We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited.
Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/ have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.
7. NO WARRANTIES. THIS WEBSITE IS BEING PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ARACHNID SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF ANY MATERIALS COMPRISING THI WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT THE FUNCTIONS PERFORMED BY ARACHNID IN MAKING THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; AND (ii) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8. Indemnification. You hereby agree to defend, indemnify and hold Arachnid, our members, managers, officers, employees, consultants, agents and representatives harmless from and against any claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to (i) any breach of this Agreement by You; (ii) Your use of and access of the Website generally; (iii) any actual or alleged violation by You of any intellectual property, proprietary or other right of any third-party; or (iv) Your negligent or willful acts or omissions.
9. LIMITATION OF LIABILITY. ARACHNID SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER INDIRECT DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE ON ANY MATERIALS THAT IS ACCESSED BY THIRD PARTIES ILLEGALLY WITHOUT AUTHORIZATION THROUGH THIS WEBSITE OR ANY CORRESPONDING DATABASES. ARACHNID SHALL NOT BE LIABLE AS STATED ABOVE REGARDLESS OF THE CAUSE OF ANY DAMAGE INCURRED, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ARACHNID HAS BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THIS MEANS YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS.
YOU AGREE THAT THE TOTAL AMOUNT OF ANY OTHER DAMAGES INCURRED BY YOU FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE SUM OF $100.00 WHICH SUM IS MEANT TO COMPENSATE YOU FOR ALL DAMAGES STEMMING FROM YOUR USE NO MATTER WHEN SUCH USE OCCURS.
10. Exceptions to Disclaimers & Limitations. Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
11. Arachnid Data Collection & Use. You agree that Arachnid may collect aggregated statistics related to Your direct use of the Website that may be used by Arachnid to support, improve and enhance the Website generally or for any other internal use as set forth in our Privacy Policy. Also, in connection with any investigation by law enforcement agencies, we may be required to disclose to such agencies any of Your personally identifiable information in connection with Your use of the Website including any purchase You make and we shall not be held liable to You for any such disclosure. Please review our Privacy Policy to learn more.
12. MODIFICATIONS
We reserve the right, at any time, to amend the provisions of this Agreement. If You do not accept any amendments, this Agreement shall terminate. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such modification(s) and/or You will be notified about any modification(s) upon the first time You log-in after such modification(s) are effective. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any modifications, You must terminate Your account and this Agreement will then terminate. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website after such revised Agreement terms are posted, You agree to be bound by any such revised terms. Your access and use of the Website will always be subject to the most current versions of this Agreement and our Privacy Policy in effect at the time of such use.
13. Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding Your access to and use of our Website other than the separate terms of sale that apply separately to Your purchase of any product from us, and supersedes any prior communications, representations or agreements of the parties, whether written or oral.
B. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
C. Venue & Choice of Law. Any claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or Your use of the Website in general may only be brought exclusively in the 17th Circuit Judicial Court situated in Winnebago County, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Website by You. This Agreement shall be construed and enforced under the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
D. Waiver. The waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by Arachnid of any other or subsequent breach by You.
E. Assignment. This Agreement shall inure to the benefit of and shall be binding upon the successors and/or assigns of Arachnid. You may not assign, delegate or otherwise transfer all or any part of Your rights or obligations under this Agreement without the prior written consent of Arachnid.
F. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any right to use the Website including, but not limited to, Your obligations under Section 6 will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
G. Termination of Website Services. We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.
If you have any questions about these Terms, please contact us.