GENERAL OVERVIEW
By accessing or using the HuntLeague website or any applications (including mobile applications) made available by HuntLeague (together, the “Service”), however accessed, you agree to be bound by these Terms of Use (“TOU”). If you are between 13 and 18 years of age, you hereby agree that your legal guardian has read these TOU and agree that you are bound by the TOU. The Service is owned or controlled by Impact Adventures, LLC (“HuntLeague” or “HL/IA”).
These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND HUNTLEAGUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
OUR PROMISE TO YOU
HuntLeague will use commercially reasonable efforts to safeguard the confidentiality of your personal information. However, we cannot be held liable for any loss of or disclosure of data or any losses or damages incurred due to errors in transmission or unauthorized or unlawful acts of third parties or your decision to disclose your personal information.
These TOU constitute the entire agreement between you and HuntLeague concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and HuntLeague with respect to such subject matter.
Any prevention of or delay in performance by HuntLeague hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
If you are using the Mobile App on Apple iOS, the parties acknowledge that the TOU is concluded between you and HuntLeague only, and not with Apple, and Apple is not responsible for the Mobile App and the contents thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps. HuntLeague, not Apple, is responsible for addressing any claims from you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to, product liability claims, any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. HuntLeague, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Mobile App. Apple and Apple’s subsidiaries are third-party beneficiaries of the TOU, and Apple shall have the right (and will be deemed to have accepted the right) to enforce the TOU against you as a third-party beneficiary hereof.
If you have questions, concerns or suggestions regarding the Service, your account or the TOU, please contact us at: support@huntleague.com.
DISCLAIMER OF WARRANTIES
The service, including, without limitation, HuntLeague content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither HuntLeague nor Impact Adventures LLC nor any of their employees, managers, officers or agents (HL/IA parties) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the HuntLeague content; (c) user content; or (d) security associated with the transmission of information to HuntLeague or via the service. In addition, the HL/IA parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The HL/IA parties do not represent or warrant that the service will meet your requirements; be error-free or uninterrupted; that information and any results that may be obtained from access to the or use of the service will be accurate, reliable, current, or complete; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The HL/IA parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The HL/IA parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the HL/IA parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these TOU.
Do not use the service for any purpose requiring precise direction, distance or location. All content made available through the service is made available for informational purposes only. You are solely responsible for confirming the accuracy of all information before taking or omitting any action. Always obey property line postings and use common sense in visually verifying boundaries, roads and paths. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
The HL/IA parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
LIMITATION OF LIABILITY; WAIVER
Under no circumstances will the HL/IA parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the HuntLeague content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the HL/IA parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the HL/IA parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the HL/IA parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the HL/IA parties total liability to you for all damages, losses or causes or action exceed twenty united states dollars ($20.00).
In no event shall HL/IA’s total liability to you for all claims arising from or relating to the TOU or your access to or use of (or inability to access or use) the service exceed the greater of fifty dollars ($50) or the amount paid by you to HuntLeague for access to the service (or portion thereof) within the twelve (12) months immediately preceding the date on which the applicable claim arose.
You agree that in the event you incur any damages, losses or injuries that arise out of HL/IA’s parties acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the HL/IA parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the HL/IA parties.
You acknowledge and agree that your use of the service may involve known and unanticipated risks that could result in property damage, bodily injury or death, including, but not limited to, risks that may arise from the acts of others and other risks beyond the control of HuntLeague. You assume all such risks and all related damages and losses, whether caused in whole or in party by any act or omission of HL/IA parties. You voluntarily release, waive, discharge and hold harmless HL/IA parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your access to or use of (or inability to access or use) the service.
by accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
HuntLeague nor Impact Adventures LLC are responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
The limitation of liability set out in this section does not apply to liability resulting from HuntLeague’s gross negligence or willful misconduct.
INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Impact Adventure LLC’s request), indemnify and hold the HL/IA Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by HuntLeague in the defense of any claim. HL/IA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HL/IA.
You will indemnify and hold HL/IA and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “HL/IA Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
ARBITRATION
ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
You agree that all disputes between you and HuntLeague (whether or not such dispute involves a third party) with regard to your relationship with HL/IA, including without limitation disputes related to these TOU, your use of the Service, and/or rights of privacy and/or publicity, will be resolved only on an individual basis and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in the united states district court for the district of Colorado (Denver) or, if federal jurisdiction is not available, in a court of competent jurisdiction in El Paso County, Colorado. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such claim.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with HL/IA.
TIME LIMITATIONS ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with HuntLeague must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TERRITORIAL RESTRICTIONS
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HL/IA to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that HL/IA provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is June 6, 2018. These TOU were written in English (US). To the extent any translated version of these TOU conflicts with the English version, the English version controls.
HuntLeague’s website and mobile applications are services for logging, tracking, and sharing hunt related information. To provide these services we may collect and store information about you. The type of personal information we may collect includes name, username, password, email address, telephone number, address, gender, location data, payment information (from Google and Apple), as well as any other user generated content that may be personally identifiable such as state id’s, photos, and videos. When you use our Service, we may also collect information such as content that you browsed and the date and duration of your use.
USE OF PERSONAL INFORMATION
Your privacy is important to us. Any data collected and/or stored by us is used to provide the Service and improve our Service, develop new products and services, conduct statistical analysis, analyze your use and personalize the Service.
Your information is not for sale. Personal map data, hunt logs, and other user entered information is only shared at the discretion of the user within the app and website.
Accessing Contacts: The HuntLeague app asks for permission to access your Contacts when attempting to Add Buddies or Join Leagues. We do not record or store your Contact data localIy or transmit your contact data to our server. Contacts are displayed in the app for you to see and invite people you already know to join a league or party, become buddies, or download the HuntLeague app.
RECIPIENTS OF PERSONAL INFORMATION
In addition to the things mentioned in this policy, we also share your information with service providers to perform functions and process user data and help provide our Service, consistent with this Privacy Policy. For instance, we work with Amazon Web Services to host and process our data and we work with various analytics providers (Power BI) to help us understand the use of our Service to build a better product. Where a third party processes user data on our behalf, it is subject to the security and confidentiality obligations consistent with this Privacy Policy and applicable law.
When you submit information as part of an activity or interact with us in the Community pages contained within the Service, we may publish the information you submitted with your name in our app and social media channels.
To comply with regulations, laws or any authority requests, we may disclose your information to authorities or other officials, without your prior consent.
DATA RETENTION
We store profile data like name, username, password, email address, telephone number, address and gender and the content created by you such as hunt logs, map data, posts, photos, and videos, as long as your HuntLeague account is considered to be active. If you wish for us to discontinue storing this data, please contact us at support@huntleague.com.
COOKIES
By using the Services you agree to our use of cookies on the Service. Cookies are small text files that websites send to your computer to uniquely identify your browser or to store information or settings in your browser. The following cookies are used at www.huntleague.com:
MemberID – the cookie contains the ID of the current user.
MemberPassword – the cookie contains authentication information for the current user.
We also use Google Analytics to collect visitor statistics on the website. Several cookies are created by Google and described in further detail here: developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. You can choose not to store cookies by turning acceptance of cookies off in the settings of your web browser used to access the Services. You can also delete cookies. Please note, however, that without cookies you may not be able to use all of the features of the Service.
PRIVACY RIGHTS
If you reside in the European Union, you have the right under the General Data Protection Regulation to request from HuntLeague access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws.
To request access to or rectification, portability or erasure of your personal data, or to delete your HuntLeague account, or for complaints regarding the processing of your data, please email support@huntleague.com.
Where we delete personal information about you, we may still retain some information for other purposes such as maintaining financial records, protecting or enforcing legal rights, or for technical reasons such as maintaining our database integrity. We may also retain your information in an anonymized form.