Terms of Use

Last Updated April, 2014

The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Use”) are a contract between you and Sharpshooter/Spectrum Venture LLC and its subsidiaries (collectively “SharpShooter”) and apply to your use of www.storipass.com, www.sharpshooterimaging.com, www.mysharpshooterphotos.com, www.myskiphotos.com, www.myhawaiiphotocollections.com, www.fanfoto.net, the website you are visiting, any other website owned by SharpShooter, and all software or services provided by these websites or SharpShooter (collectively, the “Site”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE and SharpShooter’s Privacy Statement, available at www.sharpshooterimaging.com/privacy-policy/, incorporated herein by reference.

Scope of Use

SharpShooter grants you a limited license to access and make personal, non-commercial use of the Site and the content available on the Site, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software (the “Content”), only for lawful purposes and in accordance with the Terms of Use. SharpShooter may monitor or review your conduct on the Site.

You agree not to use the Site:

  • for illegal purposes;

  • in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

  • to collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);

  • in a manner or transmit material that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or is otherwise objectionable;

  • to copy or use any portion of the designs by SharpShooter or third parties or output from designs by SharpShooter or third parties other than as expressly provided by the Site;

  • to transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or

  • to engage in any other conduct which, in SharpShooter's sole discretion, is considered inappropriate, unauthorized or objectionable.

Opening an Account, Registration and Payment for Premium Services

SharpShooter Account Registration

If you choose to open an account (a Storipass™ or other SharpShooter account) with SharpShooter you must provide truthful and accurate information to create your account. SharpShooter requires all users to be over the age of 13. SharpShooter and you both have the right to terminate or cancel your account or a particular subscription at any time. SharpShooter has no obligation to provide a refund in the event that your account is terminated or canceled based on any action or inaction you take.

Some of the information we collect from you may be personally identifiable information. SharpShooter will treat your personally identifiable information in accordance with its Privacy Statement.

You are solely responsible for all activity that takes place through your account and you may not share or reveal your password to other users. If you forget your password, you can tell us your reminder words and we will send you your password. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password. Until you notify SharpShooter of such problem, you will remain responsible for any unauthorized use of your account.

Some Services are for a Fee

Sharpshooter offers some "premium" Content and features for a fee. SharpShooter will provide you with information about such features and fees on the Site. If you choose to purchase such Content or features, you may be obligated to agree to additional terms and conditions, and you will be obligated to pay the fees presented to you. PLEASE KEEP IN MIND THAT ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.

Payment Options

SharpShooter accepts payment via credit/debit card, PayPal or Amazon payment services. When you provide credit or debit card information to SharpShooter you represent that you are the authorized user of the card. Each time you make a purchase through your SharpShooter account, you agree and reaffirm that SharpShooter is authorized to charge your credit or debit card for such purchase. You agree to promptly notify SharpShooter of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to promptly notify SharpShooter if your credit or debit card expires or is canceled for any reason. All orders shipped outside the United States are subject to a value added tax or import duty, which may or may not be applied to goods upon receipt. SharpShooter is not responsible for reimbursements of the VAT or import duty, and our costs are not adjusted to include these charges.

Site Content/Use of Images

The Content on the Site is protected under applicable intellectual property laws. All Storipass™ or other SharpShooter Content, and intellectual property rights in and to such Content, is the property of SharpShooter, its partners or licensors. You may access, use and display the Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; (c) you do not copy, post, distribute or transmit the Content on any other website, via any network computer or broadcast the Content in any media; and (d) you comply with all applicable laws with regard to the Content.

With the purchase of a digital image from the Site or SharpShooter, you have the non-exclusive right to use the image files to produce prints for your family and friends, for individual private use only. This does not grant permission to make copies for sale or for the purpose of circumventing sale of the images by Sharpshooter, nor does SharpShooter authorize any reproductions of the images for commercial use. The non-exclusive right granted hereunder does not give you permission to alter, or allow others to alter, the images and you are personally responsible for communicating the limitations of this right to any person who receives a copy of the image and you are personally liable for any use of the images in violation of the non-exclusive right to use the image files granted hereunder. This non-exclusive right starts on the original date of purchase from SharpShooter and is perpetual.

While SharpShooter retains all of its ownership rights (including the copyright) in the images you download, purchase, or share, please be aware that by downloading, purchasing or sharing an image, you are expressly agreeing to: (a) be solely responsible for the use of the images, whether by you or by others who gain access to the image based on your actions; (b) hold SharpShooter and its owners, directors, officers, employees and representatives harmless from any damages that result from use of the images by you or by others who gain access to the images based on your actions; and (c) refrain from using the images in violation of the non-exclusive right granted hereunder, any applicable law or in any manner that infringes any person's legal rights, including any right of privacy and publicity.

User-Generated Content

The Site may provide you with the ability to add, create, upload, submit, distribute, post, or share Content on or through the Site (“User Content”). For example, the Site allows you to upload your photographs to the Site for posting and sharing your photos through your Storipass™ account. You understand and agree that you may be exposed to User Content posted by other users that may be offensive, indecent or objectionable.

By posting User Content on the Site, you expressly grant, and represent and warrant that you have the right to grant, to SharpShooter a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.

SharpShooter reserves the right to pre-screen, edit, refuse, move or remove any User Content posted on the Site. However, SharpShooter does not undertake to review all User Content before it is posted on the Site, and cannot ensure prompt removal of objectionable User content after it has been posted. Accordingly, SharpShooter does not guarantee the accuracy, integrity or quality of User Content, and under no circumstances will SharpShooter be liable in any way for any User Content.

SharpShooter may remove any User Content that you submit, or terminate your account or subscription, if we are requested to do so by a copyright holder, or if your use of the Site or its Content violates these Terms of Use, or is otherwise deemed to be, in our sole discretion, inconsistent with the legitimate purposes and uses of the Site.

Links to Third-Party Websites

The Site may contain links to third-party websites. These links are provided for your convenience only. SharpShooter has no control over third-party websites and it cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.

Legal Protections

Disclaimer of Warranty

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHARPSHOOTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SHARPSHOOTER MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT SHARPSHOOTER DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE.

Limitation of Liability

IN NO EVENT SHALL SHARPSHOOTER OR ITS PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT, INCLUDING ANY DIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND EVEN IF SHARPSHOOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. The foregoing limitations will apply even if your remedies under the Terms of Use fail of their essential purpose. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

Indemnification

You agree to indemnify and hold SharpShooter and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or resulting from your use of the Site or your violation of the Terms of Use.

Term

The term of this Agreement will commence upon your use of the Site. Any provision of the Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms of Use, including but not limited to the provisions of the sections entitled “Disclaimer of Warranty,” “Limitation of Liability” and “Indemnification”.

Modifications to Terms of Use

SharpShooter reserves the right to change, modify, add, or remove portions of the Terms of Use at any time, in its sole discretion. Modifications to the Site will not affect the Terms of Use. Please check the Terms of Use periodically for changes. In the event SharpShooter makes a material change to the Terms of Use, it will notify you by posting a notice on the Site’s homepage. Modifications become effective immediately upon being posted on the Site, without further notice to you. Your continued use of the Site following the posting of changes to the Terms of Use will mean you accept those changes.

Violations

SharpShooter reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Miscellaneous

The Terms of Use and any dispute or claim arising out of or related to the Terms of Use, the subject matter of the Terms of Use or the formation of any contract (in each case, including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Exclusive jurisdiction and venue for any legal suit, action or proceeding arising out of or related to the Terms of Use shall be in the state and federal courts located in Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If Sharpshooter fails to enforce any provision of the Terms of Use, it will not be considered a waiver of our rights. If any portion of the Terms of Use is held to be unenforceable, then the remaining clauses and provisions will remain in full force and effect. The Terms of Use and the Privacy Statement located at www.storipass.com/privacy constitute the entire agreement between you and SharpShooter with respect to the Site, and supersede any prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and SharpShooter with regard to the Site. All of its rights and obligations under the Terms of Use are freely assignable by SharpShooter in connection with a merger, acquisition, or sale of its assets.

Copyright Infringement Complaints

SharpShooter respects the intellectual property of others, and asks its users to do the same. Sharpshooter will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any Content on the Site infringes your copyright, or the copyright of a third party for whom you are authorized to act, please send a notice of the alleged infringement to the Sharpshooter copyright agent at the address set forth below, including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”):

  • An electronic or physical signature of the copyright owner, or an agent authorized to act on behalf of the owner;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material you believe to be infringing is located, including the URL, website location, or other identifying characteristics;

  • Your name (and the name of the copyright owner if you are an authorized agent), address, telephone number, and, if available, e-mail address;

  • A statement by you that you have a good-faith belief that the described use of the work is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or an agent authorized to act on behalf of the copyright owner.

Please send the notice of alleged copyright infringement by any of the following:

Attn: Copyright Agent
U.S. Mail: Sharpshooter/Spectrum Venture LLC
11901 W. 48th Ave
Wheat Ridge, CO 80033

Email: support@sharpshooterimaging.com

Contact Information

If you have any questions or comments about the Terms of Use or the Site, please email us at support@sharpshooterimaging.com or write to us at:

Sharpshooter/Spectrum Venture LLC
Attn: Customer Service
11901 W. 48th Ave
Wheat Ridge, CO 80033