#MakeShots

Terms of Service

Updated: March 21, 2024

This MakeShots Terms of Service Agreement (“Agreement”) is between you and #MAKESHOTS LLC (for the purposes hereof, “MakeShots,” “we” or “us”). The Agreement governs your use of the MakeShots “Service,” an online platform that allows consumers like you to view video programs (“Programs”) from content owners and licensors (“Producers”) through Producer-branded websites and applications that we power.

Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the MakeShots Service, you agree that any claims you may have against MakeShots relating to the MakeShots Service must be ARBITRATED, and you waive the right to (1) assert claims against MakeShots in court; (2) participate in a class action; and (3) have a jury hear your case.

General Liability and Media Waiver

The user or customer (the “Participant”) agrees as follows with respect to any training sessions or camps (the “Services” or the “Activities”) hosted by #MAKESHOTS LLC (the “Provider”), including, but not limited to, camps and workouts located at any facility: I assume all risks of participating in the Activities, including, but not limited to, any risks that may arise from defective equipment or property owned, maintained or controlled by the Provider, or because of their possible liability without fault. I certify that I am physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Activities. I acknowledge that this General Liability and Media Waiver will be used by the Provider with respect to the Activities and that it will govern my actions and responsibilities during the Activities.

The Participant also agrees as follows:

(A) TO WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the Provider, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from the Activities. THE FOLLOWING ENTITIES OR PERSONS: the Provider, Andrew G. Secor, and/or their coaches, agents, representatives or volunteers;

(B) TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in the Activities, whether caused by negligence or otherwise. I consent and agree that the Provider and/or their coaches, agents, representatives or volunteers may take photographs or digital recordings of me s a participant during the Activities and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration. The accident waiver, release of liability and image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT MY PARTICIPATION IS A RELEASE OF LIABILITY AND A CONTRACT AND I PARTICIPATE ON MY OWN FREE WILL.

(C) The risk to have direct or indirect contact with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 does exist and it is not impossible to eliminate the risk that my son/daughter become infected through contact with or close proximity to an individual with a communicable
disease.

1. I was provided with the safety guidelines in advance by Andy Secor and by signing this am agreeing to allow my child to participate under those.

2. I knowingly and freely assume all risks for my child(ren), both known and unknown, even if arising from the negligence of the releasees or others and assume full responsibility for my son/daughter’s participation.

3. I will remove my son/daughter from participation if he/she has any sort of illness or is exposed to illness. I will make Mike Soukup aware of any illnesses, including, but not limited to Covid-19.

4. I, for myself and representing my child(ren) hereby release and hold harmless
MakeShots coaches and training facilities with respect to any and all injury, illness, disability, death or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise.

Acceptance

By using the MakeShots Service, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the MakeShots Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the MakeShots Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If MakeShots deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from MakeShots and the Producers of the Programs you purchase at this email address.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the MakeShots Service.

Parents and Guardians: By granting your child permission to use the MakeShots Service through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Privacy

Please review our Privacy Policy to learn about the information we collect from you when you use the MakeShots Service, how we use it, and with whom we share it.

By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. MakeShots is not responsible for a Producer’s use or disclosure of your data.

Program Viewing and Purchase Options

Producers may offer the following purchase options through Producer-branded websites and applications:

Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.

Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.

Subscription: For a recurring fee, you may stream the Programs offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free trials and Discounts: Producers may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If a Producer provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

In-App Purchase: Producers may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not MakeShots’). Any billing inquiries should be directed to the app platform.

Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

MakeShots Service: Subject to the terms hereof, MakeShots grants you permission to use the MakeShots Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by MakeShots are reserved.

Producer Apps: If you download a Producer application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between MakeShots and the platform operator (but without creating any obligation by MakeShots), MakeShots shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Your Content; Feedback: To the extent that you submit any content to MakeShots (i.e. in your profile, a comment, or forum), you grant MakeShots an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to MakeShots on improving our products or services, MakeShots may use your suggestions without any compensation to you.

Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to “submit”) content such as images and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. MakeShots may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. MakeShots may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

6.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send MakeShots a takedown notice as stated in our Copyright Policy if they believe MakeShots is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

6.2 Content Restrictions

You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
Contains false or misleading information about voting;
Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
Violates any applicable law.

6.3 Code of Conduct

In using the MakeShots Service, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Use or export any of our services in violation of any U.S. export control laws;
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.

6.4 Prohibited Technical Measures

You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the MakeShots Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage the MakeShots Service.

6.5 Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.

Disclaimers

YOUR USE OF THE MAKESHOTS SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. MAKESHOTS PROVIDES THE MAKESHOTS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAKESHOTS AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, MakeShots makes no representations or warranties concerning:

The availability of the MakeShots Service in a particular jurisdiction.
The availability of the MakeShots Service for any particular device, operating system, or browser.

The continued support for a particular feature of the MakeShots Service.
The viewing quality of any Program. MakeShots does not guarantee that you will be able to use the MakeShots Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not MakeShots.

The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.

Any Producer’s actions or omissions with respect to your personal information.
Producers may provide links to other Producer websites or third-party websites. MakeShots is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKESHOTS, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER MAKESHOTS USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO MAKESHOTS OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not MakeShots (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

Indemnification

You shall indemnify, defend, and hold harmless MakeShots and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 10 sets forth a binding arbitration agreement between you and MakeShots (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:

To arbitrate all claims relating to the MakeShots Service;
To waive your right to a trial by jury; and
To waive any right to proceed on a class basis in arbitration or otherwise.

10.1 Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the MakeShots Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures.

10.2 Overview

Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and MakeShots are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

10.3 Location of Hearing

If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America.

10.4 Class-Action Waiver

EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

10.5 Exception for Small Claims Court Matters

Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.

10.6 Jurisdiction and Venue

The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.

10.7 Binding Arbitration with Producers

To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with MakeShots, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.

General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the MakeShots Service will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both MakeShots and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of MakeShots (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither MakeShots nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

U.S. Export Compliance: You may not use the MakeShots Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the MakeShots Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.

Entire Agreement: This Agreement incorporates by reference the MakeShots Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the MakeShots website or any third party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and MakeShots concerning your use of the MakeShots Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the MakeShots website and will apply prospectively.

Contact Us: If you have any support questions, please contact us.