Terms of Use
Last Revised: January 17, 2020
1. ACCEPTANCE OF TOU
These Terms of Use (“TOU”) are a legal agreement between you and HuntScan LLC that governs your access to and use of Mobile Apps (as defined below), and related HuntScan products and services (“Products”), including all media, printed or electronic documentation, Updates (as defined below) and support services associated with the Site, Mobile Apps, Products (all collectively, the “Service”). Your access to and use of the Service is conditioned on your acceptance of the TOU and any additional terms that may be provided or presented to you when you use certain features of the Service or Products, all of which are incorporated into the TOU by this reference.
PLEASE REVIEW THE TOU CAREFULLY. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THE TOU.
THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 20 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
2. PRIVACY POLICY
In addition to the TOU, the HuntScan Privacy Policy governs your access to and use of the Service. You acknowledge and agree that by accessing or using the Service, HuntScan may receive certain information about you, including personal information, and HuntScan may collect, use and disclose such information in accordance with the Privacy Policy.
3. GRANT OF RIGHTS; OWNERSHIP
(a) To the extent that the Service provides access to any online software, applications or other similar components, then HuntScan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by HuntScan and only for your personal, non-commercial purposes.
(d) HuntScan makes available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the TOU and, if you access or use the Mobile App on Apple iOS, the usage rules set forth in the iTunes App Store Terms of Service, HuntScan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the TOU.
(e) All rights granted to you under this TOU are subject to your compliance with the TOU in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by HuntScan.
4. REGISTRATION
(a) You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HuntScan reasonably suspects that you have done so, HuntScan may suspend or terminate your account.
(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify HuntScan immediately of any unauthorized use of your account or password or any other similar breach of security.
5. FEES AND MEMBERSHIPS; CANCELLATION
(a) You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.
(b) If you make an in-app purchase in a Mobile App, the applicable fee may be denominated in your local currency in the iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the Mobile App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. HuntScan relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. HuntScan does not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases.
(c) If you sign up for a membership, your membership will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term. Uninstalling a Mobile App will not automatically cancel your membership or account or turn off auto-renewal, and you may continue to access the Service and your account after uninstalling a Mobile App, such as through the Site. You must cancel your membership or turn off auto-renewal to end recurring charges. If you uninstall a Mobile App without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. HuntScan reserves the right to change membership fees at any time and HuntScan may begin charging for products, content or services that it currently offers for free. HuntScan will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased.
(d) TO CANCEL YOUR MOBILE APP SUBSCRIPTION, PLEASE TAKE THE FOLLOWING STEPS: For the Google Play Store, visit Account, then > Subscriptions. For the Apple App Store, visit Settings, then > iTunes & App Store, then > tap “Apple ID: (your Apple ID) at top of screen, then > View Apple ID, then > Subscriptions. For more information on managing your Apple App Store subscriptions, please visit: https://support.apple.com/en-us/HT202039 (as may be updated by Apple from time to time). Canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term. We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store.
(e) If you purchase your membership directly from HuntScan on an HuntScan website, please take the following steps to turn off auto-renewal of your membership: (i) sign into your account and navigate to “My Memberships” on the left side of the screen; (ii) find the membership you would like to cancel, and navigate to the “Cancel My Membership” button; and (iii) follow the instructions and prompts to complete the cancellation process. If you have any questions about the status of your membership, please contact us at: huntscanteam@gmail.com
6. RESPONSIBILITY FOR CONTENT
(a) You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not HuntScan, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not HuntScan, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
(b) You acknowledge and agree that HuntScan has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although HuntScan reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, HuntScan shall have the right to remove any Content that violates the TOU or that it deems objectionable.
(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party.
7. RIGHTS TO CONTENT; COPYRIGHT AND TRADEMARK NOTICE
(a) HuntScan does not claim ownership of Your Content. However, you grant HuntScan and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Except with respect to Your Content, you acknowledge and agree that HuntScan and its licensors own all rights, title and interest (including, but not limited to, all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The HuntScan logos and trademarks referenced in the Service are the trademarks of HuntScan and its affiliates. Any other company names, product names, service names and logos referenced in the Service may be the trademarks of their respective owners. HuntScan reserves all rights not expressly granted to you.
(c) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOU; (ii) except as expressly permitted by applicable law, reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by HuntScan; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.
8. USER CONDUCT
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
(b) impersonate any person or entity, including, but not limited to, HuntScan personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, provincial, federal or international law or regulation.
9. SUGGESTIONS
If you elect to provide or make available to HuntScan any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), HuntScan shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
10. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that HuntScan shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.
11. LINKS AND EXTERNAL MATERIALS
The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that HuntScan does not endorse and is not responsible for any conten
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