TERMS OF USE

The Shootwords website located at https://shootwords.ai/ (“Shootwords”) are copyrighted works belonging to Shootwords Technologies Private Limited and its affiliates (“Company”, “us”, “our”, and “we”). Certain features of Shootwords may be subject to additional guidelines, terms, or rules, which will be posted on Shootwords in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms apply to all users and other persons (“users,” “you,” as applicable) that access, download, install, register with or use Shootwords, (all use by you and any user on your Account, “your use”, and such users, “your users”).

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF SHOOTWORDS. BY ACCESSING OR USING SHOOTWORDS, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), INCLUDING THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS (TYPICALLY, AT LEAST 18 YEARS OLD). NEITHER YOU NOR YOUR USERS MAY ACCESS OR USE SHOOTWORDS IF YOU OR THEY ARE NOT AT LEAST 18 YEARS OLD. IF YOU OR YOUR USERS ARE UNDER 18 YEARS OLD (OR THE AGE OF LEGAL MAJORITY WHERE YOU OR THEY LIVE), YOU OR THEY MAY ONLY USE SHOOTWORDS UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER 18 YEARS OLD (OR THE APPLICABLE AGE OF MAJORITY), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH USER IN CONNECTION WITH SHOOTWORDS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE SHOOTWORDS OR ALLOW ANY ACCESS AND/OR USE BY ANOTHER USER.

  1. ACCOUNTS

    1.1 Account Creation. In order to use certain features of Shootwords, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on Shootwords. Company may suspend or terminate your Account in accordance with Section 8. In the event your registration utilizes an account from a third-party, you agree to allow us to access such third-party account as permitted by the applicable terms and conditions governing use of that third-party account.

    1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  1. ACCESS TO SHOOTWORDS

    2.1 License. Subject to these Terms (including your compliance with the license set forth in Section 3.2 and the disclaimers set forth in Section 6), (i) Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access Shootwords during the term of your Paid Subscription and (ii) you own your Generated Content (as defined in Section 3.4) created during the term of your Paid Subscription to the extent possible under current law and this ownership will persist even if you end your Paid Subscription.

    2.2 The rights granted to you in these Terms are subject to the following restrictions: (a) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1 or as expressly permitted by us in writing otherwise, you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Shootwords or Shootwords Content, whether in whole or in part; (b) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1, you shall not modify or make derivative works of Shootwords Content; (c) you shall not disassemble, reverse compile or reverse engineer any part of Shootwords or Shootwords Content, including, without limitation, source code, algorithms or machine learning models or the components thereof; (d) you shall not access Shootwords or use output therefrom to build, train or improve (directly or indirectly) a similar or competitive website, product, or service; (e) except as expressly stated herein, no part of Shootwords may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (f) you shall not use any method to extract data or content from Shootwords other than in the ordinary course of reasonable and non-automated use; (g) you shall not use Shootwords Content in any manner that suggests or implies that such information or content is human-generated; and (h) you shall not use Shootwords or any output therefrom (i) in any unlawful manner or for any unlawful purpose, (ii) in any manner that infringes or violates any third party rights or (iii) otherwise outside the scope or manner expressly permitted by these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of Shootwords shall be subject to these Terms. All copyright and other proprietary notices on Shootwords (or on any content displayed on Shootwords) must be retained on all copies thereof.

    2.3 Company reserves the right, at any time, to modify, suspend, or discontinue Shootwords (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of Shootwords or any part thereof.

    2.4 No Support or Maintenance; No Guarantees. You acknowledge and agree that (a) Company will have no obligation to provide you with any support or maintenance in connection with Shootwords and (b) no guarantees are made related to the quality, reliability or uptime of Shootwords.

    2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in Shootwords (including Customized Features, defined below) and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to Shootwords) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Unless expressly permitted by us in writing otherwise, you agree not to modify, tamper with or remove any watermark, notice or other marking on any content or information provided by Shootwords.

    2.6 Feedback. If you provide Company with any feedback or suggestions regarding Shootwords (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

    2.7 Non-Exclusive. Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall prohibit us from creating or providing any output or results (a) that are the same as or similar to the output made available to you or (b) from information

    2.8 The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Payment Method last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Payment Method. If you do not wish to renew the subscription, you must inform us at 30 days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized us to charge the subscription fee to the Payment Method last used by you. By using our Services, You agree to be billed on a recurring basis and to be automatically using the Payment Methods upon invoicing.

    2.9 All amounts paid for subscription services are non-refundable. This policy applies to all subscription plans, including but not limited to monthly, quarterly, and annual subscriptions.

    2.10 You may cancel your subscription at any time by following the cancellation process outlined in our Terms of Service. Upon cancellation, you will not be eligible for a refund of any unused portion of your subscription, regardless of the remaining time on your subscription term. Your account will be active until the end of your subscription Term.

    2.11 We reserve the right to terminate your subscription at our discretion for any violation of our Terms of Service or for any other reason we deem necessary. In such cases, you will not be entitled to a refund for any amounts previously paid.

    2.12 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED FEATURES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED FEATURES, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

    2.13 Circumstances of Refund/Return:

    2.13.1 In the event of service downtime that significantly affects the usability of our services, customers may be eligible for a refund or credit.
    2.13.2 If technical issues prevent customers from accessing or using our services as intended, they may request a refund or resolution.
    2.13.3 Customers may request a refund for any billing errors or discrepancies identified in their account statements.
    2.13.4 If unauthorized charges appear on a customer's account, they may request a refund for those charges.

    2.14 Exclusions of Refund/Return:

    2.14.1 Refunds or returns are not available for accounts that have been suspended due to violations of our terms of service.
    2.14.2 Customers who violate our terms of service are not eligible for refunds or returns.
    2.14.3 Refunds or returns will not be granted for changes in requirements or preferences after services have been rendered.
    2.14.4 Charges related to third-party services integrated with our platform are not eligible for refunds.
    2.14.5 Refunds or returns will not be provided for disruptions or delays caused by force majeure events beyond our control.
    2.14.6 Customers are responsible for ensuring the accuracy of their orders and account information. Refunds will not be issued for errors made by customers.
    2.14.7 Charges incurred during free trial periods are non-refundable.
    2.14.8 Refunds or returns requested solely due to a change of mind or personal preference are not eligible.

  1. CONTENT

    3.1 Content. “User Content” means any and all information and content that a user submits to, or uses with, Shootwords (e.g., content in the user’s profile, text inputs and prompts, postings, comments and uploads in any format, such as images, video, text or audio). “Shootwords Content” means any and all information and content, other than User Content, that is output from, or made available on or by, Shootwords. You are solely responsible for your User Content and your use of Shootwords Content. You assume all risks associated with use of your User Content and Shootwords Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content or Shootwords Content that personally identifies you or any third party. You hereby represent and warrant that (a) your User Content does not violate our Acceptable Use Policy (defined in Section 3.3); (b) the disclosure and provision of your User Content to us will not violate any law or contractual, legal, fiduciary or other obligation of yours to, or right of, any third party, (c) you have all necessary rights, licenses, consents, permissions, waivers and releases, and have provided all required notices (including privacy notices), for the storage, use and transfer of all your User Content by you and us and (d) your User Content shall not include any Personal Data unless provided in accordance with applicable law. You may not represent or imply to others that your User Content or use of Shootwords Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content and use of Shootwords Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

    3.2 License. You acknowledge and agree that you will benefit from our ability to make improvements to Shootwords over time. You hereby grant (and you represent and warrant that you have the right to grant) to Company and their successors and assigns an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and your Generated Content, and to grant sublicenses of the foregoing rights, for the purposes of including and using your User Content and your Generated Content in connection with the operation of its businesses (including to develop and improve Shootwords); provided, that in cases where such User Content is your Limited Use Content (as defined below), (i) such operation of its businesses shall be limited to the provision of Shootwords and its functionality and (ii) any public display or distribution shall be at your direction or with your prior consent. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and your Generated Content.

    3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

    3.3.1 When utilizing the services provided by our platform, you have the option to input text prompts or descriptions ("Input") and subsequently receive generated output ("Output") based on this input. Together, the Input and Output constitute "Content." By using our Services, you grant us a non-exclusive, sublicensable, worldwide, perpetual, no charge, and irrevocable right to reproduce, prepare derivative works of, publicly display, publicly perform, resell, sublicense, and distribute the Input and Output at our discretion. This grant of rights shall survive the termination of these Terms, for any reason. You are permitted, subject to these Terms, to generate and use the Content for various purposes, including personal and commercial endeavors. However, it is your sole responsibility to ensure that the usage of the Content complies with all applicable laws and does not infringe upon any rights. Prior to utilizing the Services, we recommend seeking legal advice if you have any concerns.
    3.3.2 You are prohibited from:
      3.3.2.1 Using the Services in a manner that infringes, misappropriates, or violates any person’s rights, including Intellectual Property Rights.
      3.3.2.2 Attempting to reverse engineer, decompile, or disassemble the Services.
      3.3.2.3 Utilizing the Output of the Services to develop models that compete with us.
      3.3.2.4 Misrepresenting the Output as human-generated.
      3.3.2.5 Utilizing the Services or Output to defame, harass, threaten, menace, or offend any individual.
      3.3.2.6 Employing the Output for unlawful or unethical purposes, including the creation of offensive, abusive, defamatory, pornographic, threatening, or obscene content.
      3.3.2.7 Creating, generating, uploading, sharing, transmitting, displaying, collecting, or distributing any User Content or our Content that is Not PG-rated, Harmful in any way, Harmful to minors, Discriminatory, racist, bigoted, harassing, hateful, or harmful towards any group or individual, Promoting self-harm, Invasive of privacy, Illegal, unlawful, defamatory, or libelous, Violating anyone’s rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, Harassing, exploitative, abusive, tortious, threatening, vulgar, obscene, pornographic, violent, false, intentionally misleading, or in promotion of any such activity, Otherwise objectionable to a Shootwords community desiring to abide by the above.
    3.3.3 During your usage of our platform, you may post and upload User Content. However, you agree not to submit User Content that may result in harm to individuals or property, violate any law, or infringe upon any rights.
    3.3.4 We reserve the right to remove or disable access to any User Content that violates these Terms, without prior notification. Additionally, upon notice of any claim of infringement, you must cease using the User Content and notify us promptly. You are solely responsible for all User Content uploaded and posted. If anyone brings a claim against us related to User Content that you post, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses arising out of such claim.
    3.3.5 Users are reminded to exercise caution when generating NSFW (Not Safe for Work) content using our Generative AI technology. Users must refrain from using AI-generated images to harm or damage the reputation of any individual or celebrity. While efforts are being made to implement moderation technology for NSFW content, users acknowledge and agree that technology has its limitations.
    3.3.6 In addition, you agree not to: (i) upload, transmit, or distribute to or through Shootwords any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through Shootwords unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use Shootwords to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Shootwords, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Shootwords (or to other computer systems or networks connected to or used together with Shootwords), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of Shootwords; or (vi) use software or automated agents or scripts to produce multiple accounts on Shootwords, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Shootwords (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Shootwords website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

    3.4 Enforcement; Generated Content.

    3.4.1 We reserve the right (but have no obligation) to review, refuse and/or remove any User Content or Shootwords Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, any Shootwords Content resulting from your actions, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities. While we try to ensure that Shootwords Content is aligned with Shootwords’s Content Policy, certain Shootwords Content is generated directly from User Content at the user’s direction using artificial intelligence technology (such Shootwords Content, “Generated Content,” and when directly from your User Content at your direction, “your Generated Content”). The artificial intelligence technology we use is new and novel and may produce unexpected results. We make no guarantees that Generated Content will be suitable for all audiences or purposes.
    3.4.2 Certain User Content may be designated by us as Limited Use Content. “Limited Use Content” means solely that portion of User Content which are images uploaded or otherwise submitted to Shootwords by a user for the creation of Generated Content (when uploaded or submitted by you, “your Limited Use Content”). You acknowledge and agree that certain functionalities of Shootwords may require that we store and process your Limited Use Content throughout the period of your use of Shootwords.

  1. INDEMNIFICATION

    4.1 You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of Shootwords, (b) your violation of these Terms, (c) your violation of applicable laws or regulations and (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. THIRD-PARTY LINKS & ADS; OTHER USERS

    5.1 Third-Party Links & Ads. Shootwords may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

    5.2 Other Users. Each Shootwords user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Shootwords users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Shootwords user, we are under no obligation to become involved.

    5.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Shootwords (including any interactions with, or act or omission of, other Shootwords users or any Third-Party Links & Ads).

  1. DISCLAIMERS

    6.1 Shootwords may change at any time and in any manner, at the Company’s sole discretion. This includes, without limitation, updates to and discontinuation of features previously available. We make no guarantees related to the quality, reliability or uptime of Shootwords. We make no representations or warranties related to current law that might apply to you, including with respect to the ownership of your Generated Content if you maintain a Paid Subscription. We advise you to refrain from relying on Shootwords or creating any dependency related to Shootwords in any manner. You acknowledge and agree that (a) we will have no liability to you, your customers or any third party for any harm caused by your reliance or dependency on Shootwords and (b) you are solely responsible for determining the legality of your use and redistribution of Shootwords Content.

    6.2 SHOOTWORDS IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT SHOOTWORDS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO SHOOTWORDS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

  1. LIMITATION ON LIABILITY

    7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, SHOOTWORDS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, SHOOTWORDS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

    7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

  1. TERM AND TERMINATION

    8.1 Subject to this Section, these Terms will remain in full force and effect while you use Shootwords. We may suspend or terminate your rights to use Shootwords (including your Account) at any time for any reason at our sole discretion, including for any use of Shootwords in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use Shootwords will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

  1. COPYRIGHT POLICY

    9.1 Company respects the intellectual property of others and asks that users of Shootwords do the same. In connection with Shootwords, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of Shootwords who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of Shootwords, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:

    9.9.1 identification of the copyrighted work(s) that you claim to have been infringed;
    9.9.2 identification of the material on our services that you claim is infringing and that you request us to remove;
    9.9.3 sufficient information to permit us to locate such material;
    9.9.4 your address, telephone number, and e-mail address;
    9.9.5 a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;

  1. GENERAL

    10.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on Shootwords. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of Shootwords following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    10.2 Dispute Resolution:

    10.10.1 These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
    10.10.2 Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within Thirty (30) days after the commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Bangalore, Karnataka, India, and the language of the proceedings shall be English.

    10.3 The communications between you and Company use electronic means, whether you use Shootwords or send us emails, or whether Company posts notices on Shootwords or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    10.4 These Terms constitute the entire agreement between you and us regarding the use of Shootwords. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.