Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 6, 2009.
This Terms of Use Agreement sets forth the standards of use of the Connector Corporation Online Service for Registered Members. By using Connector Corporation websites you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Connector Corporation’s websites. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Connector Corporation is providing Member with an opportunity to market them self and obtain employment. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties.
The site is provided by Connector Corporation on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Connector Corporation makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Connector Corporation shall have no liability for any interruptions in the use of this Website. Connector Corporation disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
Connector Corporation SHALL NOT be liable for any damages whatsoever, and in particular Connector Corporation shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Connector Corporation has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Connector Corporation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Connector Corporation of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Connector Corporation.
Member Content and Submissions
Member (You) is solely responsible for your Connector Corporation account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Connector Corporation site or transmit to other Members (Users). You agree that in submitting User Content or otherwise using any Connector Corporation site that you will not impersonate any person, or submit any materials to Connector Corporation that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("User Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Connector Corporation does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Connector Corporation site and Content available through the Service may contain links to other websites, which are completely independent of Connector Corporation. Connector Corporation makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Connector Corporation be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Connector Corporation does not pre-screen or approve Content, but that Connector Corporation shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
Connector Corporation acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content or member profiles, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Connector Corporation may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Connector Corporation Site. Connector Corporation reserves the right to expel Users and prevent their further access to the Connector Corporation Sites and/or use of Connector Corporation services for violating the Terms or applicable laws, rules or regulations. Connector Corporation may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Connector Corporation, damage Connector Corporation’s brand or public image, or cause Connector Corporation to lose (in whole or in part) the services of its ISPs or other suppliers.
Connector Corporation does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the Connector Corporation Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to Connector Corporation information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You.
In order to protect our Connector Corporation Users from commercial advertising or solicitation, Connector Corporation reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Connector Corporation deems appropriate in its sole discretion.
Connector Corporation does not independently verify the information provided by Users or the identity of Users.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Connector Corporation may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Connector Corporation has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the Connector Corporation Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Connector Corporation. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Connector Corporation shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Modifications and Interruption to Service
Connector Corporation reserves the right to modify or discontinue the Service with or without notice to the Member. Connector Corporation shall not be liable to Member or any third party should Connector Corporation exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Connector Corporation does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Connector Corporation makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Connector Corporation makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Connector Corporation will all rights reserved, or is the property of Connector Corporation and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Connector Corporation is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Connector Corporation.
Connector Corporation™ and ShooterBank.com™ are proprietary marks of Connector Corporation. Connector Corporation’s trademarks may not be used in connection with any product or service that is not provided by Connector Corporation in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Connector Corporation.
All other trademarks displayed on Connector Corporation’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Connector Corporation.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Connector Corporation designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
By Mail
P.O. Box 10669 Burbank CA 91510
By Telephone: 866-99-SHOOT
By Email: info@shooterbank.com
Botnets
Connector Corporation retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Connector Corporation reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Connector Corporation, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Term and Termination
These Terms will remain in full force and effect while You are a User of Connector Corporation Sites at any level. Connector Corporation reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Connector Corporation Sites and immediate termination of your registration with or ability to access Connector Corporation Sites and/or any other services provided to You by Connector Corporation, upon any breach by You of these Terms or if Connector Corporation is unable to verify or authenticate any information You submit to Connector Corporation or pursuant to other Connector Corporation Site registration. These Terms constitute a binding agreement between You and Connector Corporation, and is accepted by You upon your use of any Connector Corporation Site.
Registration; Basic & Premium Membership Fees; Refund Policy
Basic and Premium Membership is limited to individuals over the age of 18. Member (you) must use your real name or your legal business name on your profile. We may refuse to grant you, and you may not use, a user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. By using Connector Corporation DBA ShooterBank website and becoming a Member, you acknowledge that you are a professional photographer, student of photography or are currently working in the photography industry. You must maintain some sort of web presence, website, or blog to prove that you are in the business of photography. Photography students may become members with proof. Connector Corporation members are required to post a profile image which should be an image of you NOT images of pets, your children, rainbows or emoticons.
If you elect to register to use the services (whether as a basic member, or as a paid subscriber), and utilize Connector Corporation DBA ShooterBank site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data" or “Account Information”) and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Connector Corporation has reasonable grounds to suspect that such is the case, Connector Corporation has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of Connector Corporation websites and/or services (or any portion thereof).
In addition to any other Registration Data, to register with Connector Corporation you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Membership Fees and Billing
At any time, you may elect to become a “premium” member of the site, by subscribing and paying the associated subscription fee of $10.00 usd a month or the discounted rate of $100.00 usd yearly. Premium members have the ability to post their photography “resume” and sample images online and may have access to more areas, functions and types of services than basic members.
You hereby agree that, upon Your subscription to Connector Corporation (shooterbank.com), herein referred to as “WEBSITE,” You shall be subject to certain immediate and automatically recurring charges which shall be billed to Your credit card, unless You cancel Your subscription under the terms and conditions of this Agreement. The charges which You will incur, and hereby authorize, are as follows:
BASIC MEMBERS SUBSCRIPTION: FREE
PREMIUM MEMBERS MONTHLY SUBSCRIPTION: $10.00 USD a month
PREMIUM MEMBERS YEARLY SUBSCRIPTION: $100.00 USD a year
(a) Trial Subscriptions. You may subscribe to WEBSITE for a specific period of time, under the then current billing terms (as set forth on the register page of WEBSITE) ("Trial Subscription").
(b) Automatic Renewal of Paid Trial Subscription to Monthly Membership. All Trial Subscriptions shall renew, automatically and without notice, to the current Monthly Subscription Rate.
(c) Automatic Renewal of Monthly Membership. All Monthly Memberships shall renew, automatically and without notice, for successive periods of approximately one (1) month, commencing upon the expiration of the Paid Trial Subscription (or regular registration date), and continuing thereafter for successive periods of approximately one (1) month, unless and until this Agreement is canceled by You or the Company in accordance with the terms hereof. Each period of approximately one (1) month shall be referred to as the "Monthly Subscription Period."
(d) Automatic Renewal of Yearly Membership. All Yearly Memberships shall renew, automatically and without notice, for successive periods of approximately one (1) year. On your subscription anniversary date, you will be charged the prevailing rate for an additional one-year subscription renewal and continuing thereafter for successive periods of approximately one (1) year, unless and until this Agreement is canceled by You or the Company in accordance with the terms hereof. Each period of approximately one (1) year shall be referred to as the "Yearly Subscription Period."
(e) Cancellation by Company. Connector Corporation may, at any time and at its sole discretion, cancel any Paid Trial Membership or Monthly Membership; provided, however, if the Company cancels any Paid Trial Membership prior to its expiration, the Company shall provide a full refund therefore by automatic credit. (e) Cancellation of Automatic Renewal of Paid Trial Subscription to Monthly Membership. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRAIL SUBSCRIPTION, YOU MUST NOTIFY THE COMPANY AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY IN WRITING BY E-MAIL AT membership@shooterbank.com
(f) Cancellation of Automatic Renewal of Monthly Membership. TO CANCEL AUTOMATIC RENEWAL OF YOUR MONTHLY MEMBERSHIP AT ANY TIME, YOU MUST NOTIFY THE COMPANY IN WRITING BY E-MAIL, AT THE EMAIL ADDRESS membership@shooterbank.com
(g) Cancellation of Automatic Renewal of Yearly Membership. Member shall have three (3) days from the date of subscription to cancel their subscription for a full refund. You must notify the company in writing by email at the address membership@shooterbank.com After this three (3) day period, purchases of yearly premium memberships become FINAL and non-refundable, except in our sole and absolute discretion. At that point, you cannot return or cancel your subscription for a refund, and if your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit the remaining time on your subscription.
(h) Cancellations Effective Upon Receipt By Company. All cancellations received by the Company will be effective upon receipt.
(i) No Pro-Rated Refunds for Cancellation of Monthly Membership. You hereby acknowledge and agree that if You cancel Your Monthly Membership, or if Your membership is cancelled by the Company, access to your posted profile and the posted profile itself will be removed from the system immediately. You shall not be entitled to any pro-rated or partial refund if You cancel Your Monthly Membership before the end of the then current Monthly Subscription Period. You agree that if you cancel at any time after purchasing a Monthly Subscription to WEBSITE (e.g., 20 minutes after you sign up), You will still be charged for the full Monthly Subscription period. You acknowledge and agree that "instant access" to WEBSITE shall not mean "free preview" of WEBSITE.
(j) Credit Card Charges Authorized. You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the registration page) to pay for the ongoing Subscription Fees to WEBSITE at the then current Subscription Rate. You further authorize the Company to charge Your credit card for any and all purchases of products and services provided by WEBSITE. You agree to be personally liable for all charges incurred by You during or through the use of WEBSITE. Your liability for such charges shall continue after termination of Your membership.
(k) Automatic Credit Card or Debit Card Debit. All charges to Your credit card or debit card for the Paid Trail Subscription and/or the Monthly Membership, and/or Yearly Membership under the terms and conditions of this Agreement, will be made in advance by automatic credit card or debit card debit and you hereby authorize the Company and its agents to process such transactions on Your behalf.
(l) Non-Refundable Charges. All charges to your credit card are nonrefundable. In order to avoid such charges, You must cancel your Paid Trial Membership or Your Monthly Membership.
(m) Billed by "Connector Corporation". You understand and agree that Your Subscription to WEBSITE will be billed to your credit card as "Connector Corporation" or to your checking account as "Connector Corporation."
(n) Billing Records. Upon request, Subscribers will be given access to billing records that support charges for use of WEBSITE.
Please note: Payments for premium subscriptions are processed by third party service provider(s). In addition to these Terms of Service, subscription transactions may be subject to such service provider’s terms & conditions and privacy policy.
