SHOOTING DATA
Terms of Service
Updated: 04/2021
1. Basic Terms.
These Terms of
Service ("Terms") govern your access to and use of the Shooting Data
services (the "Services" or “Service” of “Shooting Data”), including: applications, websites, API and SMS/email
notifications; information gathered by using the Service, including the
eventual geographic location (collectively referred to as “Data”); texts,
graphics, photos or other materials created, uploaded, downloaded or appearing
on the Services (collectively referred to as "Content"). The Services
are provided by Fabbrica d’Armi
Pietro Beretta S.p.A. (“Beretta”) in connection with its partners, service
providers, sponsors or other affiliates. Your access to and use of the Services
are conditioned on your acceptance of and compliance with these Terms. By
accessing or using the Services you agree to be bound by these Terms. You are
responsible for your use of the Services, for any Data or Content generated,
uploaded and/or transferred by using the Services, and for any consequences
thereof. In addition to what described in the Privacy Policy, the Services may
support, now or in the future, functionalities that will allow the sharing of
Data with other users and/or through third party services and/or websites.
Should such sharing does not take place in an anonymized and/or aggregated
form, the User will have prior control over the sharing. Always in addition to
what described in the Privacy Policy, the Services may provide, now or in the
future, functionalities that will allow the sharing of Contents with other
users and/or through third party services and/or websites. You should only
provide Content that respects these Terms and that you are comfortable sharing
with others under these Terms. You may use the Services only if you can form a
binding contract with Beretta and are not a person barred from receiving
services under the laws of Italy or other applicable jurisdictions. If you are
accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so. You may use the Services only in compliance with
these Terms and all applicable local, state, national, and international laws,
rules and regulations. The Services that Beretta provides may evolve and
change, now or in the future, without prior notice to you. In addition, Beretta
may stop (permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally and may not be able to
provide you with prior notice of such. Beretta also retains the right to create
limits on use and storage of data and on use of the communication bandwidth
from/to the servers at its sole discretion at any time without prior notice to
you. The Services may include advertisements, which may be targeted to the
Content or information on the Services, queries made through the Services, or
other information. The types and extent of advertising by Beretta on the
Services may be subject to change. The User accepts that Beretta and its
suppliers and partners may publish advertisements on the Services or in the
context of displaying the Contents or information coming from the Services,
either sent by the user or by other subjects.
2. Privacy.
Any information that
you provide to Beretta is subject to our Privacy Policy (EU Reg. No 679/2016)
available at the website shootingdata.io. You understand that through your use
of the Services you consent to the collection and processing of your personal
data as set forth in the Privacy Policy.
3. Password.
You are responsible
for safeguarding the password that you use to access the Services and for any
activities or actions under your password. To reduce the likelihood others will
steal your password, Beretta encourages you to use passwords that use a
combination of upper and lower case letters, numbers
and symbols. Beretta cannot and will not be liable for any loss or damage
arising from your failure to comply with the above.
4. Content on the
Services.
All Content, whether
publicly posted or privately transmitted, is the sole responsibility of the
person who originated such Content. Beretta may not monitor or control the
Content posted via the Services and cannot take responsibility for such
Content. Any use or reliance on any Content or materials posted via the Services
or obtained by you through the Services is at your own risk. Beretta does not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted via the
Services or endorse any opinions expressed via the Services. You understand
that by using the Services, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. Under no
circumstances will Beretta be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or 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 or broadcast
elsewhere.
5. Your Rights.
You retain your
rights to any Content you submit, post or display on or through the Services.
By submitting, posting or displaying Content on or through the Services, you
grant Beretta a worldwide, non-exclusive, non-cancellable, royalty-free license
(with the right to sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display and distribute such Content in any and all media or
distribution methods (now known or later developed). You agree that this
license includes the right for Beretta to provide, promote, and improve the
Services and to make Content submitted to or through the Services available to
other companies, organizations or individuals who partner with Beretta for the
syndication, broadcast, distribution or publication of such Content on other
media and services, subject to our terms and conditions for such Content use.
Such additional uses by Beretta, or other companies, organizations or
individuals who partner with Beretta, will be made with no compensation paid to
you with respect to the Content that you submit, post, transmit or otherwise
make available through the Services. Beretta may modify or adapt your Content
in order to transmit, display or distribute it over computer networks and in
various media and/or make changes to your Content as are necessary to conform
and adapt that Content to any requirements or limitations of any networks,
devices, services or media. You are responsible for your use of the Services,
for any Content you provide, and for any consequences thereof, including the
use of your Content by other users and our third party
partners. You understand that your Content may be syndicated, broadcast,
distributed, or published by our partners and if you do not have the right to
submit Content for such use, it may subject you to liability. Beretta will not
be responsible or liable for any use of your Content by Beretta in accordance
with these Terms. You represent and warrant that you have all the rights, power
and authority necessary to grant the rights granted herein to any Content that
you submit.
6. Your License To Use the Services.
Beretta gives you a
personal, worldwide, royalty-free, non-assignable and non-exclusive license to
use the software that is provided to you by Beretta as part of the Services.
This license is for the sole purpose of enabling you to use and enjoy the
benefit of the Services as provided by Beretta, in the manner permitted by
these Terms. Although Beretta intends to offer the Service for free, Beretta
reserves the right to charge a fee for premium and/or regular services. If
Beretta seeks a fee for the Service, the user will have the right to refuse
payment by cancelling the user's subscription to that aspect of the Service for
which a fee is requested. The payment may require the communication of some
data strictly necessary to external suppliers appointed to process the payment.
The user understands and accepts that Beretta will not be held responsible for
the availability and effectiveness of these payment systems, nor for any
consequences deriving from the failure to activate a service due to
non-payment, even in the event that this does not depend on the will of the
User.
7. Beretta Rights.
All right, title, and
interest in and to the Services (excluding Content provided by users) are and
will remain the exclusive property of Beretta and its licensors. The Services
are protected by copyright, trademark, and other laws of both Italy and foreign
countries. Nothing in the Terms gives you a right to use the names Shooting
Data and/or Beretta or any of the Beretta trademarks, logos, domain names, and
other distinctive brand features. Any feedback, comments, or suggestions you
may provide regarding Beretta or the Services is entirely voluntary
and Beretta will be free to use such feedback, comments or suggestions as
Beretta sees fit and without any obligation to you.
8. Restrictions on
Content and Use of the Services.
Beretta reserves the right
at all times (but will not have an obligation) to remove or refuse to
distribute any Content on the Services, to suspend or terminate users, and to
reclaim usernames without liability to you. Beretta also reserves the right to
access, read, preserve, and disclose any information as Beretta reasonably
believes is necessary to:
i.
satisfy any applicable law, regulation, legal process
or governmental request
ii. enforce
the Terms, including investigation of potential violations hereof
iii. detect,
prevent, or otherwise address fraud, security or technical issues
iv. respond to
user support requests, or
v.
protect the rights, property or safety of Beretta, its
users and the public.
You agree that you
will not submit any content that is:
i.
defamatory, abusive, harassing, threatening, or an
invasion of a right of privacy of another person
ii. bigoted,
hateful, or racially or otherwise offensive
iii. obscene,
pornographic or otherwise sexually explicit
iv. illegal or
encourages or advocates illegal activity.
You may not do any of
the following while accessing or using the Services:
i.
access, tamper with, or use non-public areas of the
Services, Beretta’s computer systems, or the technical delivery systems of
Beretta’s providers;
ii. probe,
scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures;
iii. access or
search or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces
that are provided by Beretta (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with
Beretta (NOTE: crawling the Services is permissible if done in accordance with
the provisions of the robots.txt file, however, scraping the Services without
the prior consent of Beretta is expressly prohibited);
iv. forge any
TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or false source-identifying
information; or
v.
interfere with, or disrupt, (or attempt to do so), the
access of any user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, mail-bombing the Services, or by
scripting the creation of Content in such a manner as to interfere with or
create an undue burden on the Services.
9. Copyright and
Trademark Policy.
Various company,
product, and service names displayed on the Services may be trademarks or
service marks owned by others (the "Third-Party Trademarks"). Your
use of the Services should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Third-Party Trademark displayed
on this Services. The Beretta Trademarks and/or the Third-Party Trademarks may
not be used to disparage Beretta and/or any applicable third-party, any of
their products or services, or in any manner in which, in our reasonable
judgment, may damage any goodwill in the Beretta or in the Third-Party
Trademarks.
Our designated
copyright agent for notice of alleged copyright infringement appearing on the
Services is: Fabbrica d’Armi
Pietro Beretta
c.a.:
Copyright Agent
Via P.
Beretta, 18 – P.O. BOX 160
25063 Gardone Val Trompia (BS) – Italy
E-mail: digital@beretta.com
10. Ending These
Terms of Service.
The Terms of Service
will continue to apply until terminated by either you or Beretta as follows.
You may end your legal agreement with Beretta at any time for any reason by
deactivating your accounts and discontinuing your use of the Services. You do
not need to specifically inform Beretta when you stop using the Services. If
you stop using the Services without deactivating your accounts, your accounts
may be deactivated due to prolonged inactivity. We may suspend or terminate
your accounts or cease providing you with all or part of the Services at any
time for any reason, including, but not limited to, if we reasonably believe:
i.
you have violated these Terms
ii. you create
risk or possible legal exposure for us; or
iii. our provision
of the Services to you is no longer commercially viable.
In all such cases,
the Terms shall terminate, including, without limitation, your license to use
the Services, except that the following sections shall continue to apply: 4, 5,
7, 8, 10, 11, and 12. Nothing in this section shall affect Beretta’s rights to
change, limit or stop the provision of the Services without prior notice, as
provided above in section 1.
11.
Esclusioni e limitazioni di responsabilità.
Please read this
section carefully since it limits the liability of Beretta and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees,
agents, representatives, partners, and licensors. Each of the subsections below
only applies up to the maximum extent permitted under applicable law. Some
jurisdictions do not allow the disclaimer of implied warranties or the
limitation of liability in contracts, and as a result the contents of this
section may not apply to you. Nothing in this section is intended to limit any
rights you may have which may not be lawfully limited.
A. The Services are
Available "AS-IS". Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, to the maximum extent permitted under
applicable law, BERETTA DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER
EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Beretta makes no warranty and disclaims all responsibility
and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of the Services or any
Content; (ii) any harm to your computer system, loss of data, or other harm
that results from your access to or use of the Services or any Content; (iii)
the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services will
meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
from Beretta or through the Services, will create any warranty not expressly
made herein.
B. Links. The Services
may contain links to third-party websites or resources. You acknowledge and
agree that Beretta is not responsible or liable for: (i)
the availability or accuracy of such websites or resources; or (ii) the
content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Beretta of
such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources.
C. Limitation of
Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERETTA SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR
ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE
THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BERETTA EXCEED THE LOWER OF FIFTY
EUROS (EUR €50.00) OR THE AMOUNT YOU PAID BERETTA, IF ANY, IN THE PAST SIX
MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION
SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,
STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BERETTA
HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12.
Disposizioni varie.
A.
Waiver and Severability. The
failure of Beretta to enforce any right or provision of these Terms will not be
deemed a waiver of such right or provision. In the event that any provision of
these Terms is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect.
B. Controlling Law
and Jurisdiction. These Terms and any action related thereto will be governed
by the laws of Italy without regard to or application of its conflict of law
provisions or your state or country of residence. All claims, legal proceedings
or litigation arising in connection with the Services will be brought solely in
the court of Brescia (Italy), and you consent to the jurisdiction of and venue
in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement. These
Terms and our Privacy Policy are the entire and exclusive agreement between
Beretta and you regarding the Services (excluding any services for which you
have a separate agreement with Beretta that is explicitly in addition or in
place of these Terms). Beretta may revise these Terms from time to time, the
most current version will always be available at the website shootingdata.io.
By continuing to access or use the Services after those revisions become
effective, you agree to be bound by the revised Terms.
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