ShotWot Terms of Services

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND SHOTWOT LABS PRIVATE LIMITED ("COMPANY"). BY ACCESSING THIS SITE OR DOWNLOADING ANY CONTENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

By using the website www.shotwot.com (“Site”) or ShotWot App, you represent that you are over eighteen (18) and have the authority and right to agree to these terms. If you are accessing this Site on behalf of any entity, you further represent and warrant that you are authorised to accept these terms on such entity's behalf, and that such entity agrees to indemnify Company for violations of these Site terms. This Agreement is in addition to any Service and Licensing Agreement you may enter into with the Company.

Ownership of this Site and Platform

This Site and App Platform is owned and operated by the Company. All elements of the site, including the text, photographic images, moving images, graphics, illustrations, audio, software, data, and the selection and arrangement of those elements (“Content”) and the general design are owned by the Company or its licensors and are protected by copyright, trademark, trade dress, moral rights, and other Indian and international laws or treaties relating to intellectual property.

Trademarks

Except for the limited access granted to you under this Agreement, you may not use Company’s trademarks or trade names, including “SHOTWOT,” without Company’s prior written consent. In addition, the look and feel of the Site, including all elements of the design, are the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company.

Use of this Site, Platform and Content

This site and its contents are intended for use by the Company’s customers. You may not use the Site for any purpose unrelated to your business with the Company. In using the Site, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, e-mail, privacy, and the transmission of technical data exported from India or the country in which you reside.

Password Protection and Security

This website is password-protected. Only registered users who have received an authorised password from the Company and who are using their own unique password are permitted to access this website. A condition of accessing the website is that you shall not divulge, upload, rent, sell, loan, or exchange your password with any other person, regardless of whether such person is another employee or subcontractor engaged by you or your employer or otherwise.

If you become aware of any loss, theft, or misuse of your password, you must inform us in writing immediately. We reserve the right to terminate your access in

the event of any misuse of your password. You are solely liable for all activity that takes place on your account. The Company cannot and will not be liable for any loss or damage arising from the misuse of your password or your failure to comply with the foregoing.

Prohibited use of Site, Platform and Content

The following uses are prohibited:

- Removing, altering, or changing any copyright information or other notices or metadata associated with the Content.
- Downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written licence or agreement with the Company.
- Using any data mining, robots, or similar data gathering or extraction technology or algorithms to crawl, scrape, or monitor the Site or seek information on Site visitors or Company’s customers.
- Manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology.
- Circumventing any Site restrictions or measures to limit access to the Site.
- Registering or attempting to register for any products or services offered by the Company if you are not authorised by the party to do so.
- Disclosing, selling, or trading any password to restricted areas of the Site or allowing any third party to have access to your password.
- Interfering in any manner, whether technological or otherwise, with the function of the Site or the services offered by the Company.

The content published under the Briefs tab on the application is provided solely for reference and informational purposes. ShotWot does not hold any copyright over the images or illustrations used as references. If you have any complaints or issues with the published content, please contact our grievance team by emailing us at hello@shotwot.com.

Company respects your privacy. Please refer to the Company’s Privacy Policy for the specific terms that govern the use and collection of personal data as well as our other privacy practices.

Links to Third-Party Sites

The sites and social networking services to which we link or through which you may interact with our Site (“Third-Party Services”) are operated, controlled, and maintained by third parties and are governed by separate terms of use and privacy policies, which the Company encourages you to review. You acknowledge and agree that the Company has no control over and shall have no liability arising from your use of any Third-Party Service or any Content contained therein. The Company provides the links to you only as a convenience, and it does not endorse any Third-Party Services or their use or Content.

Indemnity

You agree to indemnify and hold the Company, and the copyright holder, harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising out of or related to the unauthorised use of Content, material breach of this Site agreement, or your violation of any rights of another or user content you post, store, or transmit.

General Disclaimers

This site or app and the content are provided "as is" and the Company excludes, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
The company will not be liable for any damages of any kind arising from the use of this site or the content, or the unavailability of the site or content, including, but not limited to, lost profits, and direct, indirect, incidental, punitive, and consequential damages.
The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. you, not the company, assume the entire cost of all necessary servicing, repair, or correction due to your use of this site or the company content.
We make no warranty that the site or the content is free from infection by viruses or anything else that has contaminating or destructive properties.

Some Indian states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

In no event shall the Company, its directors, members, employees, or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content, or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorised access to company's records, programs, or services. in no event shall the aggregate liability of the company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to the company for access or use of the site.
The Company gives no rights or warranties with respect to the use of names, trademarks, logotypes, registered or copyrighted designs, or works of art depicted in any content, and the licensee must satisfy itself that all necessary rights, consents, or permission as may be required for reproduction are secured. the company identified the caption for the content to the best of its ability but cannot be held responsible for erroneous or incomplete caption information

Abuse

Require that users agree to terms (EULA) and these terms must make it clear that there is no tolerance for objectionable content or abusive users.

Unauthorised Use Fee

Any use of Content in a manner not expressly authorised by this Agreement or in material breach of a term of this Agreement constitutes copyright infringement, entitling the Company to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition, and without prejudice to the Company's other remedies under this Agreement, the Company reserves the right to charge, and Licensee agrees to pay a fee equal to five (5) times the Company's normal licence fee for use of the Content.

Miscellaneous

Jurisdiction and Attorney’s Fees: Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Pune, Maharashtra, India pursuant to the rules of [Arbitration Association]. Judgement upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction.

This agreement, its validity and effect, shall be interpreted under and governed by the laws of India. If Licensee is an agent for or an employee of a non-Indian company but operates in a place of business in India or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within India in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. Licensee agrees to be subject to the jurisdiction of the [Indian State] for such claims. If it is caused to present claims or suit as a result of any breach of the above terms set forth, shall be made whole for such reasonable legal fees or costs by Licensee.

You and the Company agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor the company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or the company acts or proposes to act in a representative capacity. You and the Company further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, the company, and all parties to any such arbitration or proceeding.

- No Assignment: This Agreement is not assignable or transferable on the part of Licensee.

- No Waiver: No action of the Company, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of the Company in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

- Entire Agreement: This Agreement and the Invoice contain all the terms of the agreement between the Company and Licensee and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.

Fee and Usage Changes

Fee Changes: ShotWot reserves the right to change the subscription fees at any time. Any changes to the subscription fees will be communicated to subscribers through the platform or via email.
Usage Changes: ShotWot also reserves the right to modify or update the usage policies and features of the platform. Such changes may include additions, removals, or modifications to existing features.

Refund Policy

Purchases of any media assets done through ShotWot Shop are final and non-refundable except as required by applicable law.
Purchase of ProShooter subscriptions if unintended, you may request a refund via email communication within 48 hours of the deduction from your bank account. ShotWot is obligated and committed to refunding the amount within 45 days of the request being raised.

-Notice to Indian Residents: Under Indian law, you are entitled to the following specific consumer rights information:

The provider of the Website is:

SHOTWOT LABS PRIVATE LIMITED
Attn: ShotWot
Godrej 24, Hinjewadi Phase -1, Pune- 411037, INDIA

To file a complaint regarding the Site or to receive further information regarding the use of the Service, send a letter to the above address, contact ShotWot via email at hello@shotwot.com.

DMCA Notice

In accordance with the Indian Copyright Act and other applicable laws, ShotWot has adopted a policy of terminating, in appropriate circumstances and at ShotWot's sole discretion, account holders who infringe the intellectual property rights of ShotWot or any third party.

If you believe that any material on the ShotWot website infringes upon any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

SHOTWOT LABS PRIVATE LIMITED
Attn:ShotWot
Godrej 24, Hinjewadi Phase -1, Pune- 411037, INDIA
hello@shotwot.com

Notification must include the following information:

- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL, ShotWot image reference number, or a description of where the material is located;
- A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf and that you do not wish the content to be displayed in the future on the Site. If you are authorised to act on behalf of the copyright owner, you must provide an electronic or physical signature.

Updated - 18 July 2024