Terms of Service

1. Introduction

We, or any our subsidiaries and affiliates (collectively, “HUNTS PLUS”) make this Website, including all information, documents, Content (defined below), files, text, graphics, Software (defined below), and audio/visual files (collectively, the “Service” or “Services”) available for your use subject to the Terms of Service set forth below. Our Privacy Policy is an integral part of this Terms of Service and is incorporated into this document by reference. You can find our Privacy Policy at huntsplus.com/privacy-policy. These Terms of Service may be amended from time to time. You agree to check back periodically for new information and terms that govern your use of the Services. We reserve the right to modify the Terms of Service at any time. Revisions to terms affecting existing Services shall be effective seven (7) days after they have been posted at our Website. Terms for new Services are effective immediately upon posting. Your continued use of the Website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Website. If you breach any of the Terms of Service or Official Rules of any game offered on the Website, your authorization to use this Website automatically terminates.

Hunts Plus is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use Hunts Plus if you are a minor.

If you do not agree to each and every part of our Privacy Policy, then you should not use our Service or this Website or submit any personally identifiable information through the Service. Questions regarding privacy issues should be directed to our e-mail at privacy@huntsplus.com.

2. Intellectual Property Rights

A) “Content” within our Services may include software, technology, graphics, images, audio and video clips, data, music, , text and other audio visual material, and the design and appearance of our Website is owned or licensed property of HUNTS PLUS or its suppliers, licensors or users (see below) and is protected by copyright, trademark, or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of HUNTS PLUS and protected by U.S. and international copyright laws.

B) You may not remove, obscure, view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. We reserve all rights in the Content that are not expressly granted to you in this Terms of Service.

C) We reserve the right to remove any Content for any reason. The decision to remove Content is at our sole and final discretion. To the extent permitted by applicable law, we do not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content you post.

D) The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you are a copyright owner or an agent for such owner and believe that your copyrighted work (or any material on this Website by third parties) infringes upon your copyrights, has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below. For your notice to be effective, it must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Website that is descriptive enough to allow us to locate it on the Website;
  • Information reasonably sufficient to permit us to contact you or your agent, such as address, telephone number, and, if available, an e-mail address at which you or your agent may be contacted;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent is:
HUNTS PLUS.LLC
110 Richardson Crossing

Arnold, Missouri 63010
Fax: (314) 279-8877
service@huntsplus.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered. If you fail to comply with all the requirements above, your notice may not be valid.

E) You agree to our use of your name, likeness, statements, biographical information, and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.

F) In the event of a contest/promotion, you acknowledge that if you are chosen as a winner your identifying information may be disclosed to third parties including -without limitation- having your name placed on a winners’ list.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

A) publishing any Website material in any media;

B) selling, sublicensing and/or otherwise commercializing any Website material;

C) publicly performing and/or showing any Website material;

D) using this Website in any way that is, or may be, damaging to this Website;

E) using this Website in any way that impacts user access to this Website;

F) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

G) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

H) using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Hunts Plus may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

A) In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Hunts Plusa non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

B) Your Content must be your own and must not be infringing on any third party’s rights. Hunts Plus reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. Premium Membership

A) Premium Membership is offered by HUNTSPLUS.com to its customers located in the U.S. Membership to the Program (“Membership”) is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of HUNTS PLUS and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.

B) BY SUBMITTING AN APPLICATION FOR MEMBERSHIP WITH HUNTS PLUS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

C) HUNTS PLUS explicitly and expressly reserves the right to change or alter the terms and conditions of its Premium Membership Program or to cancel the Premium Membership Program outright

6. No Warranties

A) This Website is provided “as is,” with all faults, and Hunts Plus makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

B) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

7. Limitation of Liability

A) You agree to defend, indemnify and hold harmless HUNTS PLUS and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Services and for all of your communication and activity on Services, including any Content you contribute, and that you will indemnify and hold harmless HUNTS PLUS, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Services, including any Content you contribute.

B) HUNTS PLUS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to HUNTS PLUS in that matter. This Section shall survive termination of this Terms of Service.

C) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and/or Website, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

D) YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, PRIVACY POLICY, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO MISSOURI’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE COURTS OF THE COUNTY OF SAINT LOUIS, STATE OF MISSOURI OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE COUNTY OF SAINT LOUIS, STATE OF MISSOURI, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR THESE TERMS OF SERVICE AND/OR PRIVACY WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

8. Indemnification

A) You hereby indemnify to the fullest extent Hunts Plusfrom and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

9. Severability

A)  If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

10. Variation of Terms

A) Hunts Plusis permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

11. Assignment

A)Hunts Plus shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Entire Agreement

A) These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Hunts Plus and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

B) The Terms of Service (including the Privacy Policy) and any posted rules or instructions regarding a particular game, activity, contest, or promotion constitute the entire agreement between you and us relating to your rights and obligations in the use of Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Service, we shall resolve the conflict in our    sole discretion.

C) We may at any time update, modify or otherwise revise these Terms of Service by updating this You should visit this page from time to time to review these Terms of Service to learn and         understand any changes because they are binding on you. Your use of this Website following any such          revisions or modifications constitutes your agreement to follow and be bound by the terms as       revised/modified.

D) If you do not agree to this agreement in its entirety you are to terminate use of the Website and/or Services immediately.

13. Governing Law & Jurisdiction

A) These Terms will be governed by and construed in accordance with the laws of the St Louis County within the State of Missouri, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Missourifor the resolution of any disputes.

B) The section titles in these terms of service are for convenience only and have no legal or contractual effect.

C) These Terms of Service may be changed at any time, without prior notice and solely at the complete discretion of HUNTS PLUS and HUNTS PLUS.com.

 

 

Date Last Modified: May 3, 2019.