Terms And Conditions Of Service
Welcome to Hunting Sounds website (the “Site”) or the Hunting Sounds application downloaded through a mobile or tablet device (the “App”). By accessing, installing, downloading, or using the Site or App, you agree to the following Terms of Use. The terms “Hunting Sounds” or “us” or “we” or “our” refers to Dang Good Outdoors, LLC., the owner of the Site, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site or App. We reserve the right to terminate or suspend your account or ability to use or access the Site, the App, or any portion thereof for any reason whatsoever.
Modifications
Hunting Sounds reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use section within the Hunting Sounds App. Please review the Terms of Use periodically. Your continued use of the Site and our App following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.
Accounts and Registrations
Certain sections of the Site or pages on the App may require you to provide personal information in order to access and/or use certain features, functions, or services of the Site. If information is requested, you agree to provide us with accurate, complete registration information. Please read our Privacy Notice, which describes the personal information we collect, use, manage, disclose, and store. Any information provided on the Site or through the App is for your personal use only. You may not allow any other person or entity to use your user name or password on any portion of the Site or App that requires a user name or password. Hunting Sounds is not liable for any damages, injury, losses, or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to download and use the App on a device owned or controlled by the user (and as otherwise restricted in the strictly in accordance with these Terms of Use and any other legal notices on the Site or provided through the platform accessed to download the App; (c) to use the Site and App solely for personal and non-commercial purposes; and (d) to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. Hunting Sounds bears no responsibility and shall not be liable for communications shared by recipients via email, SMS, or other media platforms with third parties.
Postings and Prohibited Uses
Portions of this Site may be developed to permit you and other users to submit; distribute; transmit; upload; post; or exchange opinions, ideas, information, messages, drawings, e-mails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings.
You may not post, submit, upload, or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork, or other content or information onto the Site or the App, or otherwise use the Site or the App in any way, that:
1. contains a virus or other harmful component or otherwise interferes with, impairs, or damages the Site and any individual’s or entity’s use or enjoyment of the Site, including, but not limited to “bots,” “spiders,” “crawlers,” harmful code, and DDOS attacks;
2. infringes or violates the right of any individual or entity including, without limitation, any right of privacy; any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right; or any contractual rights;
3. is unlawful, fraudulent or deceptive;
4. is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous, or otherwise harmful, would constitute a criminal offense or otherwise gives rise to civil liability; or
5. violates these Terms in any manner or fails to comply with applicable third-party terms and conditions or policies (collectively, “Acceptable Use”).
You may not upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Hunting Sounds possesses the right to change, use, delete, exploit, and distribute the Posting or remove the user’s access in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of Hunting Sounds, and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
Hunting Sounds reserves the right to but does not monitor, endorse, edit, or screen any Postings. Postings do not necessarily reflect the views or opinions of Hunting Sounds. You acknowledge, understand, and agree that Hunting Sounds shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury, or losses resulting from the Postings, their use, and/or their appearance on the Site.
Links to Other Websites
The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites. These websites may have privacy policies different than our Privacy Notice.
Export
The Site and the App are operated from our corporate headquarters in the United States, and any data you submit to the Site or the App will be exported to and stored in the United States. If you use this site from other locations, you are responsible for compliance with applicable local laws. If you download anything from this Site or the App, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA and that you are not otherwise prohibited from receiving such information.
Errors, Corrections and Changes
Hunting Sounds does not represent or warrant that the Site or App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or App will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site or App at any time.
Indemnification
You agree to indemnify and hold harmless Hunting Sounds, including its agents, affiliated companies, employees, contractors, directors, officers, franchisees, and anyone involved in creating or providing the Site or the App (including, but not limited to Apple, Inc. and/or Google), from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including reasonable attorneys’ fees) occurring from or related to the use or misuse of the Site or the App, violation of these Terms of Use, or violation of any rights of a third party, or any allegation thereof. Hunting Sounds reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Disclaimer; No Warranties
THIS SITE AND THE APP ARE INTENDED FOR INFORMATIONAL OR RECREATIONAL PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE OR ACCESSED THROUGH THE APP IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE.
YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN, OR THROUGH THE SITE AND APP ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT “HUNTING SOUNDS” AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE APP, OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN “HUNTING SOUNDS” AND YOU. THIS SITE, THE APP, AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE AGGREGATE LIABILITY OF “HUNTING SOUNDS” AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR THE APP SHALL NOT EXCEED $100, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST “HUNTING SOUNDS” AND ANY OF OUR AFFILIATED PARTIES.
Applicable Law, Venue and Jurisdiction
These Terms of Use shall be treated as though they were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States without regard to conflict-of-law principles. You agree that any claim or dispute you may have arising out of or related to the Site or App including, without limitation, your use of the Site or App, the Site’s or App’s Contents and Materials, your information provided to the Site or App, and/or these Terms of Use, the Privacy Notices, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred.
Any 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, to the extent permitted by applicable law, that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Site, App, or these Terms of Use will be resolved individually in the forum designated in this section, without resort to any form of class action; and (b) 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 attorney's fees be awarded or recoverable.
Incorporation of Related Terms
These Terms of Use incorporate and supplement the Apple, Inc. Terms and Conditions and Google Play for Android (available at apple.com and play.google.com, respectively), including, without limitation, the Licensed Applicable End User Agreement therein (“Apple Terms” or “Android Terms”). In addition, these Terms of Use also incorporate and supplement other terms, conditions, and policies of Hunting Sounds posted in the App’s Terms of Use section (the location of which may be changed from time-to-time without notice).
Should any provisions in the terms, conditions or other policies listed above conflict with these Terms of Use, these Terms will control, solely to the extent such provisions apply to the App.