Terms and Conditions
1. YOUR ACCEPTANCE OF THESE TERMS.
Thank you for visiting the Insidethehunt.com Website located at http://www.insidethehunt.com (the "Website"). This Agreement uses certain defined terms to avoid repetition. For example, User(s) means you and any other end user of the Web Site. This Wesite is currently owned and operated by insidethehunt.com (referred to in this agreement as Company, we, our, or us). We may make available certain content, text, software, source and object code, data, scripts, graphics, photos, sounds, music, videos, interactive features, Materials, and the like (collectively, the "Content") through the Website, but nothing in these terms and conditions of use for the Web Site ("Terms of Service") grants to us any copyright interest in any copyrightable works you own, and you do not acquire any interest in anything we own (including Content) by using the Website or participating in any aspect of the Website.
By agreeing to this Terms of Service, you represent to us that you areat least 16 years of age, or
are an "emancipated minor", or
have the consent of your parent(s) or guardian consent to enter into and perform all the terms of these Terms of Service. You also represent that you have obtained all third party consents necessary to enter into this Agreement, and that all factual assertions that you have made and will make to us are true and complete.
In any case, you affirm that you are at least 16 years old or over, as the Web Site is not intended for children under 16. If you are under 16 years of age, then please do not use the Company Web Site there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
2. LINKS TO THIRD PARTY WEB SITES/ADVERTISERS.
3. MATERIALS SUBMITTED TO COMPANY BY USERS.
The Company Web Site may now or in the future permit the submission of videos or other communications (including, without limitation, user comments) submitted by you and other users ("Material(s)") and the hosting, sharing, and/or publishing of such Materials. You understand that Company does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own Materials and the consequences of posting or publishing them. In connection with Materials, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Materials to enable inclusion and use of the Materials in the manner contemplated by the Web Site and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Materials in the manner contemplated by the Web Site and these Terms of Service; and (iii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Materials. By submitting the Materials to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Materials (and/or audio and/or visual excepts thereof) in connection with the Company Web Site and Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Company Web Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Company Web Site a non-exclusive license to access your Materials through the Web Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of the Web Site and under these Terms of Service. The license in the foregoing sentence granted by you terminates with respect to the applicable Materials once you remove or delete such Materials from the Company Web Site.
In connection with Materials, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Company does not endorse any Materials or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Materials.
Company is not responsible for any aspect of the Materials, including intellectual property rights. You further understand and acknowledge that you may be exposed to Materials that are offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Web Site.
4. LICENSE TO VIEW CONTENT ON WEB SITE.
Company hereby grants to you a limited, nonexclusive, nontransferable license to access, use, and privately transmit, exhibit, and display the Web Site as set forth in the Terms of Service, provided that: (i) your use of the Web Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Web Site in any medium without Company's prior written authorization; (iii) you will not alter or modify any part of the Web Site (including, without limitation, modifying any Content or Materials, for example, you will not edit or otherwise create derivative works of such Content or Materials) other than as may be reasonably necessary to use the Web Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
5. RESTRICTIONS ON USE.
Unless expressly permitted by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or otherwise exploit, in whole or in part any Content. This license does not include any downloading or copying of account information for the benefit of another, or any use of data gathering or extraction tools. You agree not to use or launch any automated system or tools, including without limitation, "robots," "spiders," or "offline readers," that access the Web Site in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser and you may not utilize any metatags or any other hidden text utilizing Company's name or trademarks without the express written consent of Company. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy its materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Web Site with respect to their Materials. You may not frame or utilize framing techniques to use, surround or enclose the Web Site name, trademarks, service marks, logo, or other proprietary information (including images, text, page layout or form) of Company or its affiliates without Companys express written consent.
In order to access some features of the Web Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
6. INTELLECTUAL PROPERTY RIGHTS.
The Content on the Web Site, except all Materials, and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under Swedish and foreign laws and international conventions. Content on the Web Site is provided for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. As between you and us, all rights not expressly granted in and to the Web Site and the Content are hereby reserved by Company. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Web Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Site or the Content therein.
7. CONFIDENTIAL AND PROPRIETARY INFORMATION.
You agree not to try to access and not to access any information through the Web Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Company of the unauthorized access, and assist Company in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, shall not use such information, shall return such information to Company immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.
8. COMPANY'S WITHDRAWAL AND TERMINATION RIGHTS.
Company does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Company will remove all Content and Materials if properly notified that such Content or User Submission infringes on another's intellectual property rights. Company reserves the right to edit or remove Content and Materials without prior notice. Company will also terminate a User's access to its Web Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Web Site more than twice. Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Company may remove such Materials and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. COPYRIGHT INFRINGEMENT NOTICE.
If you are a copyright owner or an agent thereof and believe that any Material(s) or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in the DMCA or elsewhere in the law of the United States or any state or territory within the United States.
10. WARRANTY DISCLAIMER
YOUR USE OF THE COMPANY WEB SITE SHALL BE AT YOUR SOLE RISK. THE WEB SITE AND ANY SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND OTHER THIRD PARTIES MENTIONED ON THIS WEB SITE AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEB SITE, THE COMPANY SERVICES, CONTENT, AND YOUR USE THEREOF. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, THE SOFTWARE AND SERVERS DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEB SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE, ANY SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR COMPANY'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Web Site is controlled and offered by Company from its facilities in the United States. Company makes no representations that the Web Site is appropriate or available for use in other locations. Those who access or use the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AND OTHER THIRD PARTIES MENTIONED ON THIS WEB SITE, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF, RELATING TO, OR RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE AND THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL OR OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SERVICES, CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, THE SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU FOR YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless Company, its officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Company Web Site.
14. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, Company or its partners and/or advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement (the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
A. Jurisdiction; Choice of Law.
You agree that: (i) the Company Web Site shall be deemed solely based in The United States; and (ii) the Company Web Site shall be deemed a passive Web Site that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than The United States. These Terms of Service shall be governed by the laws of the The United States.
B. Dispute Resolution: Arbitration; Waiver of Jury Trial.
You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the entertainment industry and shall be mutually agreed upon by you and Company (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with the applicable laws of the The United States, provided that (1) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances and (2) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the applicable courts of the Sweden sitting in Sweden, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator (applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a appellate court of the Sweden reviewing a judgment of the applicable trial courts in the Sweden, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the applicable trial court of the Sweden, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties. Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
C. Entire Agreement; Severability; Waiver.
D. Statute of Limitations; No Partnership, Joint Venture.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BE DEEMED FOREVER WAIVED AND BARRED. The relationship of the parties is that of independent contractors and this Agreement does not, in whole or in part, establish or create by implication or otherwise, any partnership, join-venture, co-ownership, or participation in a joint or common undertaking or allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.