Welcome to One Shot, provided by One Shot Editions (“we”, “us”, “our”). Access to and use of this website (“One Shot”, "The Site") is provided by us on the basis of a number of important terms and conditions, which are set out in full below.
You should carefully read these terms and conditions (“terms”). When you use One Shot, you will be legally bound by these terms, which will take effect from your first use of One Shot. If you do not agree to be legally bound by these terms, then you should not use One Shot.
These terms apply generally to the use of One Shot. Any facility (“Comment Facility”) that we may make accessible to you through One Shot, enabling you to post messages, comments, information, material or content (a “Contribution”), may have additional special terms attached. If and when a Comment Facility becomes available, you will need to read and agree to be legally bound by those special terms before you post a Contribution or use those sections. If you do not agree to be legally bound by those special terms then you will not be able to post a Contribution.
One Shot is not intended for distribution to, or use by, any person in a country where that distribution or use would be contrary to local laws or regulations.
We are continually seeking to update and improve One Shot. As a result, we may make changes to One Shot, including these terms, at any time. You will need to review these terms regularly so that you are aware of any changes we have made. You will be legally bound by the updated or amended terms from the first time that you use One Shot after we post the changes on-line.
ONE SHOT CONTENT
The rights in materials, images, information, data, trade marks, trade names and logos and other content included on One Shot (“One Shot content”) are owned by us or the relevant third party content owner. All rights are reserved and acknowledged. As One Shot content is protected by a variety of third party rights, you may not copy, adapt, re-publish, make available to the public or print off copies of One Shot content in any way, or use it other than as part of One Shot and for your personal non-commercial use, without our prior written permission.
Information which we provide through One Shot is in outline for information or entertainment purposes only. You should not rely on it.
THIRD PARTY WEBSITES
We do not monitor the content of third party websites and any link provided on One Shot is solely for your convenience. We cannot therefore accept any responsibility for any third party website. You are responsible for checking and complying with the terms and privacy policies applicable to your use of any third party website.
The extent of our responsibility to you has been determined in the context of the following: access to One Shot is provided to you free of charge; it is your responsibility to determine the suitability of any One Shot content for any particular purpose to which you wish to put it; One Shot does not give instructions and you are responsible for any action or decision you take or do not take as a result of One Shot content; It is your responsibility to ensure that your equipment is enabled with appropriate up-to-date virus checking software before you access or use One Shot.
While we will endeavor to ensure that One Shot is available to you and that content for which we are responsible is accurate, we cannot make any legal commitment or representation to you that One Shot will be available at any particular time or that it or any One Shot content will be of any particular quality or fit for any particular purpose. However, we will exercise reasonable skill and care in providing any service to you.
We can accept no liability to you for any of the following types of loss (should you suffer any of them as a result of your use of One Shot): loss which was not foreseeable to you and us when you first accessed or registered to use One Shot (even if that loss results from our failure to comply with these terms or our negligence); any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default); loss which you suffer other than as a result of our failure to comply with these terms or our negligence or breach of statutory duty; any loss suffered due to the default of any party other than us.
We do not give any commitment that One Shot or any One Shot content will be available uninterrupted or error free, that defects will be corrected, or that One Shot or its supporting systems are free of viruses or bugs. We can accept no liability to you if we fail, or are interrupted or delayed in the performance of any obligation because of: the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party; any other event not reasonably within our control. We do not give any commitments or accept any liability to you in respect of One Shot content provided by other users of the website or third parties other than us. Nothing in these terms will limit our liability for death or personal injury arising from our negligence.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
APPLICABLE LAW / JURISDICTION
You agree that the laws of the state of Oregon, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with One Shot relating in any way to your use of the Site resides in the state and federal courts of Multnomah County, Oregon, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Multnomah County. In addition, you expressly waive any right to a jury trial in any legal proceeding against One Shot, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
CONSENT TO PROCESSING
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to us at the address below.
RISK OF LOSS
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment content. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
One Shot and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. One Shot has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, One Shot will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will One Shot or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To the extent that we are practically able to do so, we may terminate your access to any part of One Shot at any time without notice if you breach any of the terms.
The Terms constitute the entire agreement between you and One Shot and govern your use of the Site, superseding any prior agreements between you and One Shot. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between One Shot and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to One Shot or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of One Shot's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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