Terms of Service applies to all of the products, services and websites offered
by The Market Builder, Inc. or its subsidiaries or affiliated companies except
where unique terms are needed.. Those variations will
be publicly posted on the entities website. Sometimes, we may post
product specific notices or Help Center materials to explain our products or
services in more detail.
The Market Builder, Inc.
is a subsidiary of The Market Builder, Inc.
the purpose of this document The Market Builder, Inc. may be known as:
-The Market Builder, Inc.
using or visiting The Market Builder, Inc.'s website or using
any products, software, data feeds, video streams, and services provided to you
on, from or through the various offerings of The Market Builder, Inc. (collectively the
"Service"), you signify your agreement to (1) these terms and conditions (the
found here (3) The Market Builder, Inc.'s
complaints found here (4) The Market Builder, Inc.'s Community
Guidelines found here (5) and should be checked regularly
(6) The Market Builder, Inc.'s Refund policy found here. Included herein by reference. If you do not agree to any of these
terms, Shootathis.com requires you not to use this service.
we may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version at link. The Market Builder, Inc.
in it's sole discretion may
modify or revise these Terms of Service and polices at any time, and you agree
to be bound by such modification or revisions. Nothing in these
Terms of Service shall be deemed to confer any third-party rights benefits.
Terms of Service apply to all users of the Service, including users who are
also contributors of Content on the Service. "Content" includes the text,
software, scripts, graphics, photos, sounds, music, videos, audiovisual
combinations, interactive features and other materials you may view on, access
through, or contribute to the Service. The Service includes all aspects of The Market Builder, Inc.,
including but not limited to all products, software and services offered via The Market Builder, Inc.'s websites, such as the video channels, the
print on demand applications, content hosing application and other applications
Service may contain links to third party websites that are not owned or
controlled by The Market Builder, Inc.. The Market Builder, Inc. has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, The Market Builder, Inc. will not and cannot censor or edit
the content of any third-party site. By using the Service, you expressly
relieve The Market Builder, Inc. from any and all liability arising from your use of any
we encourage you to be aware when you leave the Service and to read the terms
3. The Market Builder, Inc.
order to access some features of the Service, you will have to create an
account with The Market Builder, Inc.. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify The Market Builder, Inc.
immediately of any breach of security or unauthorized use of your account.
The Market Builder, Inc. will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of The Market Builder, Inc. or
others due to such unauthorized use.
Use of The Service-Permissions and Restriction
The Market Builder, Inc. grants you permission to access and use the
Service as set forth in these Terms of Service, provided that:
agree not to distribute in any medium any part of the Service or the Content
without The Market Builder, Inc.'s prior written
authorization, unless The Market Builder, Inc. makes available the means for such distribution
through functionality offered by the Service.
agree not to alter or modify any part of the Service.
your use of the Service, you will comply with all applicable laws.
d. The Market Builder, Inc.
reserves the right to discontinue any aspect of the Service at any time.
use of Content
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of Content
Content on the Service, and the trademarks, service marks and logos
("Marks") on the Service, are owned by or licensed to The Market Builder, Inc.,
subject to copyright and other intellectual property rights under the law.
is provided to you AS IS. You may access Content for your commercial,
information and personal use solely as intended through the provided
functionality of the Service and as permitted under these Terms of Service. You
shall not download any Content unless you see a "download" or similar link
displayed by The Market Builder, Inc. on the Service for that Content. You shall not
copy, reproduce, distribute, transmit, broadcast, display, sell, license, or
otherwise exploit any Content for any other purposes without the prior written
consent of The Market Builder, Inc. or the respective licensors of the Content. The Market Builder, Inc.
and its licensors reserve all rights not expressly granted in and to the
Service and the Content.
agree not to circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Service or the Content
understand that when using the Service, you will be exposed to Content from a
variety of sources, and that The Market Builder, Inc. is not responsible for the
accuracy, usefulness, safety, legality, or intellectual property rights of or
relating to such Content. You further understand and acknowledge that you may
be exposed to Content that is inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against The Market Builder, Inc. with respect thereto,
and, to the extent permitted by applicable law, agree to indemnify and hold
harmless The Market Builder, Inc., its owners, operators, affiliates, licensors, and
licensees to the fullest extent allowed by law regarding all matters related to
your use of the Service.
Content and Conduct
an account holder of The Market Builder, Inc., you may submit Content to the Service,
including videos and user comments. You understand that The Market Builder, Inc. does
not guarantee any confidentiality with respect to any Content you submit.
shall be solely responsible for your own Content and the consequences of
submitting and publishing your Content on the Service. You affirm, represent,
and warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit; and you license to The Market Builder, Inc. all
patent, trademark, trade secret, copyright or other
proprietary rights in and to such Content for publication on the Service
pursuant to these Terms of Service.
clarity, you retain all of your ownership rights in your Content. However, by
submitting Content to The Market Builder, Inc., you hereby grant The Market Builder, Inc. a
worldwide, non-exclusive, royalty-free, sub-licensable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and
perform the Content in connection with the Service and The Market Builder, Inc. (and its
successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the Service a non-exclusive license to access your Content
through the Service, and to use, reproduce, distribute, display and perform
such Content as permitted through the functionality of the Service and under these
Terms of Service. The above licenses granted by you in Content you submit to
the Service terminate within a commercially reasonable time after you remove or
delete your videos from the Service. You understand and agree, however, that The Market Builder, Inc.
may retain, but not display, distribute, or perform, server copies of your
videos that have been removed or deleted. The above licenses granted by you in
user comments you submit are perpetual and irrevocable.
further agree that Content you submit to the Service will not contain third
party copyrighted material, or material that is subject to other third party
proprietary rights, unless you have permission from the rightful owner of the
material or you are otherwise legally entitled to post the material and to
grant The Market Builder, Inc. all of the license rights granted herein.
further agree that you will not submit to the Service any Content or other
material that is contrary to The Market Builder, Inc.'s Community
Guidelines, currently found here, which may be updated from time to time,
or contrary to applicable local, national, and international laws and
f. The Market Builder, Inc.
does not endorse any Content submitted to the Service by any user or other
licensor, or any opinion, recommendation, or advice expressed therein, and The Market Builder, Inc.
expressly disclaims any and all liability in connection with Content. The Market Builder, Inc.
does not permit copyright infringing activities and infringement of
intellectual property rights on the Service, and The Market Builder, Inc. will
remove all Content if properly notified that such Content infringes on
another's intellectual property rights. The Market Builder, Inc. reserves the right to
remove Content without prior notice.
The Market Builder, Inc. will terminate a user's access to the Service if, under
appropriate circumstances, the user is determined to be a repeat infringer.
b. The Market Builder, Inc.
reserves the right to decide whether Content violates these Terms of Service
for reasons other than copyright infringement, such as, but not limited to,
pornography, obscenity, or excessive size. The Market Builder, Inc. may at any
time, without prior notice and in its sole discretion, remove such Content
and/or terminate a user's account for submitting such material in violation of
these Terms of Service.
Millennium Copyright Act
you are a copyright owner or an agent thereof and believe that any Content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The Market Builder, Inc.'s designated Copyright Agent to receive
notifications of claimed infringement is Robert Westinghouse, 5135 E Ingram St.
Mesa, AZ 85205, email: firstname.lastname@example.org, fax:480-641-6239. For
clarity, only DMCA notices should go to the Copyright Agent. Any
other feedback, comments, requests for technical support, and other
communications should be directed to The Market Builder, Inc. customer service through link.
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the copyright
owner, the copyright owner's agent, or pursuant to the law, to post and use the
material in your Content, you may send a counter-notice containing the
following information to the Copyright Agent:
physical or electronic signature;
of the Content that has been removed or to which access has been disabled and
the location at which the Content appeared before it was removed or disabled;
statement that you have a good faith belief that the Content was removed or
disabled as a result of mistake or a misidentification of the Content; and
name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in Phoenix, Arizona, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Market Builder, Inc.
may send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed Content or cease disabling. Unless
the copyright owner files an action seeking a court order against the Content
provider, member or user, the removed Content may be replaced, or access to it
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, The Market Builder, Inc., ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. The Market Builder, Inc. MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. The Market Builder, Inc. DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND The Market Builder, Inc.
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL The Market Builder, Inc., ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT The Market Builder, Inc. SHALL NOT BE
LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Service is controlled and offered by The Market Builder, Inc. from
its facilities in the United States of America. The Market Builder, Inc. makes no
representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless The Market Builder, Inc., its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that your Content caused damage to a third
party. This defense and indemnification obligation will survive these Terms of Service
and your use of the Service.
12. Ability to Accept Terms
affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the Service is not intended for children under
13. If you are under 13 years of age, then you are not permitted to use the
Service. There are lots of other great web sites for you. Talk to your parents
about what sites are appropriate for you.
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by The Market Builder, Inc. without
agree that: (i) the Service shall be deemed solely
based in Arizona; and (ii) the Service shall be deemed a passive website that
does not give rise to personal jurisdiction over The Market Builder, Inc., either
specific or general, in jurisdictions other than Arizona. These Terms of
Service shall be governed by the internal substantive laws of the State of
Arizona, without respect to its conflict of laws principles. Any claim or
dispute between you and The Market Builder, Inc. that arises in whole or in part from
the Service shall be decided exclusively by a court of competent jurisdiction
located in Maricopa County, Arizona. These Terms of Service, together with the
Privacy Notice here and
any other legal notices published by The Market Builder, Inc. on the Service, shall
constitute the entire agreement between you and The Market Builder, Inc. concerning the
Service. If any provision of these Terms of Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of this
Terms of Service shall be deemed a further or continuing waiver of such term or
any other term, and The Market Builder, Inc.'s failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. The Market Builder, Inc. reserves the right to
amend these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the Service following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND The Market Builder, Inc. AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.