This Agreement, together with Digital Hunter's Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes a legally binding agreement between you and Digital Hunter that governs your use of the DigitalHunter.com website and all content, services, features, activities and products available at or through the website. By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.
1. Content on the Services
1.1. The opinions expressed by the contributors, authors, and moderators who post content to DigitalHunter are their own and do not necessarily reflect the views of DigitalHunter. The content provided is for informational and entertainment purposes only and should not be interpreted as an endorsement or representation by DigitalHunter or any other party.
1.2. You are only allowed to use the Content and Services provided by DigitalHunter for your personal, noncommercial use. Any commercial use of the Content or Services is strictly prohibited. All materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by DigitalHunter or the party credited as the provider of the Content. You are not allowed to modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of DigitalHunter or the copyright owner identified in the copyright notice in the Content. You must not change or delete any proprietary notices that appear in the Content. You may not use any DigitalHunter logo or proprietary graphic or trademark without DigitalHunter’s express written permission. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. Title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in DigitalHunter and/or its content providers or licensors. DigitalHunter reserves any rights not expressly granted in this Agreement.
1.3. Subject to your strict compliance with this Agreement, Digital Hunter grants you a limited, revocable, non-transferable, non-assignable, and non-exclusive license to access, download (for temporary storage only), view, display, use, play, and/or print Content (excluding, for the purpose of this Section 1.3, Content accessed through Digital Hunter Traffic System and source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone, other wireless device, or other Internet-enabled device, for your personal, noncommercial use only. This limited license does not give you any ownership of, or any other intellectual property interest in, any Content, and may be immediately suspended or terminated for any reason, in Digital Hunter’s sole discretion, and without advance notice or liability.
2. User-Generated Content
2.1. You are solely responsible for your use of the Services and any communications you make. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive, or pornographic message, data, image, content, or program; (B) post or transmit any message, data, image, content, or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content, or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsely represent the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely claim to be an employee or agent of DigitalHunter; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. You acknowledge that DigitalHunter has the exclusive right to manage User Submissions on the Services. DigitalHunter reserves the right to edit, remove, delete, modify, publish, transmit, and display any User Submissions in its sole discretion and without your permission. DigitalHunter may also remove, disable, or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. DigitalHunter may also treat User Submissions as content stored at the direction of users and may block or remove content that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading, or otherwise objectionable. DigitalHunter shall not be responsible for controlling or editing any Content, and DigitalHunter has no contractual obligation to remove inappropriate or unlawful Content. DigitalHunter shall not be held liable for removing, disabling, or restricting access to or the availability of Content.
2.3. You hereby grant DigitalHunter a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide, and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display, or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. You also grant DigitalHunter the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. You waive any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against DigitalHunter for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions, and acknowledge that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Each time you submit a User Submission, you guarantee that (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have the legal right to submit the User Submission and grant DigitalHunter the rights to it that you are granting by this Agreement, without any DigitalHunter obligation to obtain consent of any third party and without creating any obligation or liability of DigitalHunter; (B) the User Submission is accurate; (C) the User Submission does not and, as to DigitalHunter’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Users are solely responsible for the content of their User Submissions and any harm that may result from them. DigitalHunter does not guarantee the accuracy, copyright compliance, legality, or any other aspect of User Submissions, and does not assume any responsibility or liability for them. Furthermore, DigitalHunter makes no express or implied warranty or guarantee regarding User Submissions.
2.6. You acknowledge that any User Submissions you make to the Services are not confidential and may be publicly available. Do not post any information that you consider confidential. DigitalHunter reserves the right to reveal your identity and any other information we have about you to any law enforcement agent or official in the event of legal action or a legal request related to your User Submissions.
2.7. You may not use the Services to send unsolicited emails, spam, or spoof someone else's identity. You may not use any domain name on our Services as a false return address for any emails sent from another location or through another service. You must not pretend to be someone else when using the Services.
3. Links to Third-Party Websites
Accessing Third Party Websites through the Services is done at your own risk. Digital Hunter is not responsible for the accuracy, availability, or reliability of any information, goods, data, opinions, advice, or statements made available on these websites. Additionally, Third Party Websites may contain information that some people find inappropriate or offensive. Digital Hunter does not endorse or recommend any Third Party Websites and is not responsible for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. Digital Hunter is also not responsible if any of these links are not working appropriately. You must view and abide by any privacy statements and terms of use posted in connection with Third Party Websites, as they are not governed by this Agreement.
4. Copyright or Intellectual Property Infringement Notification
If you think material or content on DigitalHunter is infringing your copyright or other intellectual property rights, you should let us know. Our Copyright or Intellectual Property Infringement Notification Policy is available at https://www.digitalhunter.com/copyright/ and explains how to report any violations. We take repeat infringers seriously and may terminate their access rights accordingly.
5. Operation of the Services
DigitalHunter has full and exclusive authority over the functioning of the Services. DigitalHunter may, for example: (A) provide third parties with information regarding the Services and their users, in line with the Privacy Policy; and (B) cancel, suspend, or terminate any part of the Services. You understand and accept that the Services may occasionally be unavailable or unusable for various reasons, such as: (i) technical failures; (ii) periodic maintenance and repairs conducted by DigitalHunter; or (iii) circumstances outside of DigitalHunter's control or which were not foreseeable by DigitalHunter.
6. Disclaimer of Warranties
Digital Hunter provides the Services on an “as is” basis and makes no representations or warranties of any kind regarding the operation of the Services or the information, content, materials, or products included on the Services. Digital Hunter disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that access to or use of the Services will be secure, accessible continuously, uninterrupted or error-free. Digital Hunter also disclaims any warranties regarding the accuracy of content, that files available for download from the Services will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, and any other warranties related to human and machine errors, omissions, delays, losses (including loss of data). This disclaimer of warranty constitutes an essential part of this Agreement.
7. Limitations of Liability
In no event will DigitalHunter be liable under any theory of law for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data, or costs of replacement goods, arising out of the use or inability to use the Services or resulting from use of or reliance on the Content, even if DigitalHunter may have been advised of the possibility of such damages, or for any claims by any third parties. The Services are controlled and offered by DigitalHunter from its facilities in the United States of America. DigitalHunter makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Violations / Indemnifications
You also agree to indemnify DigitalHunter, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement by you or any user submission posted or submitted by you (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct).
9. Waiver and Release
Neither Digital Hunter nor its officers, directors, employees, agents, licensors, or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Digital Hunter services. Digital Hunter shall not be liable, directly or indirectly, for any user submissions or the defamatory, offensive, or illegal conduct of any third party, and the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against Digital Hunter, its officers, directors, employees, agents, licensors, or suppliers (including but not limited to claims based upon the negligence of Digital Hunter, its officers, directors, employees, agents, licensors, or suppliers) for losses or damages you sustain in connection with your use of the services.
10. Complete Agreement
This Agreement, which includes Digital Hunter's Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, is the only agreement between you and us regarding your access to and use of the Services. This Agreement supersedes any prior or contemporaneous written or oral agreements, communications, or other understandings relating to the subject matter. The only exception is any separate license agreements for Digital Hunter Traffic System or Digital Hunter Traffic System Content that you are a party or beneficiary of, which shall remain in full force and effect and serve to supplement the terms of this Agreement. This Agreement cannot be modified except as stated in Section 11
11. Modifications / Termination
11.1. This Agreement may only be modified (A) by obtaining a notarized agreement signed by an officer of DigitalHunter, or (B) as provided in Section 12.2, and our employees are not authorized to change the terms of this Agreement in any way.
11.2. You agree that we may periodically revise the terms of this Agreement. We will notify you of any material changes or modifications to this Agreement by: (1) posting a notice on the DigitalHunter.com website for thirty (30) days following such revisions or modifications; or (2) sending a direct communication to you by email, if you have provided us with an email address. You will be deemed to have accepted the revised terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on DigitalHunter.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. It is your responsibility to update us with a new valid email address in order to receive email notice, as well as to review this page for possible modifications. We assume no responsibility for your failure to actually receive notice.
12. Construction
If any part of this Agreement is determined to be unenforceable or invalid, that part shall be limited or eliminated as much as possible so that the Agreement remains effective and enforceable.
13. Notice
Digital Hunter may provide notice to you regarding this Agreement through electronic mail, a general or specific notice on the Services, a message to your Digital Hunter account, or written communication sent via first class mail to your registered address. You can give notice to Digital Hunter at any time through electronic mail at contact@digitalhunter.com.
14. Miscellaneous
Digital Hunter reserves the right to terminate or suspend access to the Services without any prior notice or liability should you breach this Agreement or for any other reason. Refraining from exercising any right provided for herein shall not be taken as a waiver of any other rights. You may not assign, transfer or sub-license this Agreement without Digital Hunter's written consent. This Agreement does not create any agency, partnership, joint venture, or employment and you have no authority to bind Digital Hunter. The headings of the sections in this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision in it.