1. Agreement to terms By accessing and using the https://niceshoots.com website and its related media forms, media channels, mobile websites, or mobile applications (collectively, the “Site”), you enter into a legally binding agreement with Niceshoots Technologies, Inc. ("Company", “we”, “us”, or “our”), whether you are acting individually or on behalf of an entity (“you”). You acknowledge that you have read, understood, and agree to these Terms of Use. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE EXPLICITLY RESTRICTED FROM USING THE SITE AND MUST TERMINATE YOUR USE IMMEDIATELY. We hold the right to change or amend parts of these Terms of Service at any time, at our sole discretion. When changes are made, they will be posted on this page, with the revision date updated at the top. These changes will be effective once posted. Please check this page before each use of the Services to stay updated on any changes. If you continue to use the Site after the updated Terms of Use are posted, you will be assumed to have been made aware of and to have accepted the changes. The Site's information is not for use where it would be illegal or require registration. Accessing the Site from such areas is your own responsibility, and you must follow local laws. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 2. Intellectual property rights Service Content, Software and Trademarks: We assert copyright in and to the Website, the App, the Service and the design and expression of these, and the coding of same, and We hereby reserve all our rights. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The Niceshoots name and logos are collectively known as the “Niceshoots Trademarks” and are trademarks and service marks owned by Niceshoots. Other names and logos of products and services displayed through the Service may belong to their respective owners and may not be affiliated with or endorse Niceshoots. These Terms of Service and the Service do not grant any license or right to use any of the Niceshoots Trademarks without our prior written consent. All goodwill generated from using the Niceshoots Trademarks will exclusively benefit us. Third Party Material: Niceshoots is not liable for any third-party content or materials, including user content. This includes any errors, omissions, or resulting loss or damage from using such content. While Niceshoots does not pre-screen content, it reserves the right to remove any content at its sole discretion if it violates these Terms of Service or is deemed inappropriate. You are responsible for evaluating and assuming all risks related to the use of any content, including its accuracy, completeness, and usefulness. 3. User accounts User representations: You represent and warrant that you will ensure and maintain the accuracy of the registration information and other details you submit to us. You confirm that you have the legal capacity to agree to and comply with these Terms of Use. You affirm that you are not a minor in your jurisdiction of residence. Additionally, you agree not to access the Site through automated or non-human means, such as bots, scripts, or any other methods. You further warrant that you will not use the Site for any illegal or unauthorized purposes. Finally, you assure that your use of the Site will not violate any applicable local, state, national, or international laws or regulations. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). User registration: When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to delete, reclaim, or modify usernames that are deemed inappropriate or contain obscene or objectionable content. 4. Cancellation and termination Cancellation: You have the option to cancel your subscription at any time by logging into your account or reaching out to us using the contact information below. The cancellation will take effect at the end of the current paid term. If you are not happy with our services, please email us at [email protected] Termination: You agree that we reserve the right, at our sole discretion, to terminate or suspend your access to all or any part of the site, with or without prior notice and for any reason, including, but not limited to, a violation of these Terms of Service. Should we suspect any fraudulent, abusive, or illegal activity, such behavior may serve as sufficient grounds for ending our relationship with you and may be reported to the appropriate law enforcement authorities. Upon the termination or suspension of your account, regardless of the underlying reasons, your right to utilize the services offered on this site will immediately come to an end. You acknowledge and agree that we may promptly deactivate or delete your account, along with all associated information and files, and/or prevent any further access to these files or the site itself. We shall not be held liable to you or any third party for any claims or damages resulting from the termination or suspension of your account, or any other actions we may take in connection with such termination or suspension. 5. Prohibited activities As a user of the Site, you agree not to: Attempting to upload or transmit viruses, Trojan horses, or any other harmful material. This prohibition includes, but is not limited to, the excessive use of capital letters and spamming (the continuous posting of repetitive text). Such actions that disrupt or interfere with any party's uninterrupted use and enjoyment of the Site, or that modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site. Attempt to impersonate another user or person or use the username of another user. Any actions or content that are threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. 6. Mobile application license License Grant: The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that runs on Apple iOS or Android operating systems, as applicable, and according to the usage rules set forth in the respective App Distributor’s terms of service. Maintenance and Support Responsibility: We are responsible for providing any maintenance and support services related to the mobile application as specified in this mobile application license’s terms and conditions contained in these Terms of Use or as required by applicable law. You acknowledge that each App Distributor has no obligation whatsoever to provide any maintenance and support services concerning the mobile application. Warranty: In case the mobile application fails to conform to any applicable warranty, you may notify the respective App Distributor, and the App Distributor, according to its terms and policies, may refund the purchase price, if any, paid for the mobile application. To the fullest extent permitted by applicable law, the App Distributor will have no other warranty obligation with respect to the mobile application. Your Representations: You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. Third-Party Terms Compliance: You must comply with applicable third-party terms of agreement when using the mobile application, such as not violating your wireless data service agreement if you are using a VoIP application. App Distributors' Rights: You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license against you as a third-party beneficiary thereof. 7. Social media You can activate or log in to the Services through third-party online services like Facebook or Google. By doing so, you confirm that you are authorized to provide your Third-Party Account login information and grant us access to your account without violating any terms or incurring fees from the third-party provider. By granting us access, you agree that we may: Access, store, and make available any content you have in your Third-Party Account on the Site. Receive additional information from your Third-Party Account as notified when you link your accounts. Your privacy settings in Third-Party Accounts will determine what personal information is available on the Site. If a Third-Party Account becomes unavailable or our access is terminated, the related content may no longer be accessible on the Site. You can disable the connection between the Site and your Third-Party Accounts at any time. Your relationship with third-party providers is governed solely by your agreements with them. We do not review Social Network Content for accuracy or legality and are not responsible for it. We may access your email address book and contacts list to identify and inform you of contacts who have registered on the Site. You can deactivate this connection by contacting us or through your account settings. We will attempt to delete any information obtained from your Third-Party Account, except for your username and profile picture associated with your account. 8. Submissions, comments and feedback You agree that any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques. 9. Third-party websites and content The Site may include links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not monitor or check these for accuracy or appropriateness, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on or available through the Site. Links to or availability of Third-Party Websites or Content do not imply approval or endorsement by us. If you access or use Third-Party Websites or Content, you do so at your own risk, and our Terms of Use no longer apply. You should review the terms and policies of any third-party site you visit. We are not responsible for any purchases made through Third-Party Websites, which are solely between you and the third party. You agree that we are not liable for any harm or losses resulting from your use of Third-Party Websites or Content. 10. Privacy policy We respect the privacy of our users. For details Please review our Privacy Policy here. By using the Service, you consent to our collection and use of personal data as outlined therein. 11. Copyright infringements We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please notify us immediately at [email protected]. 12. Modifications and interruptions We retain the right to alter, amend, or remove any part of the Site or its contents at our discretion and without prior notice. This includes the right to modify or discontinue any service provided through the Site at any time without notice. We shall not be held responsible for any consequences or damages that may arise from such modifications, suspensions, or discontinuations. The availability of the Site cannot be guaranteed at all times. Technical issues, maintenance, or other interruptions may lead to temporary unavailability of the Site. We reserve the right to make changes, updates, or modifications to the Site at any time without prior notice to you. You acknowledge that we are not liable for any loss, damage, or inconvenience you may experience due to the Site being unavailable. These Terms of Use do not obligate us to maintain and support the Site, nor to provide any updates, fixes, or releases. 13. Dispute resolution Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Collin, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Collin, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 14. Corrections We strive for accuracy and integrity in all content provided on our Site. However, errors may occasionally occur. If you discover any inaccuracies or discrepancies, please contact us immediately at immediately at [email protected]. We reserve the right to correct any errors, inaccuracies, or omissions and to update or modify the content on the Site at any time without prior notice. 15. Disclaimer The service is provided on an “as is” and “as available” basis. You agree that your use of the service is at your sole risk. Niceshoots expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Niceshoots makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. 16. Indemnification You agree to indemnify, defend, and hold harmless Niceshoots and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the service, violation of these terms, or infringement of any intellectual property or other right of any person or entity. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 17. Miscellaneous These Terms of Use, along with any policies or operating rules we post on the Site, constitute the entire agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. These Terms of Use are in effect to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control. If any part of these Terms of Use is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity of the remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. These Terms of Use will not be construed against us as the drafter. You waive any defenses based on the electronic form of these Terms of Use and the lack of physical signatures by the parties to execute these Terms of Use. 18. Contact us In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected].