Huntloc OÜ (registry code 12491003, located at Tamme pst 6, Otepää town, 67405 Valga county Estonia) (hereinafter “Huntloc” ,“we”, “us” and “our”) is Estonian entity operating the Huntloc mobile application (hereinafter “Application”) and website www.huntloc.com (hereinafter “Web Site”), including the software, hardware, databases, interfaces, associated media and other components or materials incorporated therein or integrated therewith (hereinafter collectively “Platform”).
The Platform is an electronic tool for hunters. Platform enables its Users to create and join interactive Hunting Groups. Users who have joined the Hunting Group can monitor each others’ locations, exchange messages, initiate calls to each other and mark important locations and objects of the Hunt via Application. All services made available via the Platform are hereinafter referred as “Services”.
These terms of service (hereinafter “Terms of Service”) apply to all persons who use Huntloc Platform and Huntloc Services provided via Platform, Application and Web Site (hereinafter “User”, “you”). Please read these Terms of Service carefully before using Huntloc Services. By accepting Terms of Service and using Services, you confirm that you have carefully read and understand Terms of Service and you agree to be bound by Terms of Service and policies referenced herein. If you do not agree with Terms of Service, then please do not use any of Huntloc Services.
1.1. Platform uses internet connection and GPS and therefore operator-based fees may apply for using the Services. User shall be liable for the payment of all such fees. Platform enables Users to create and join interactive hunting groups (“Hunting Group”). By joining Hunting Group, Users can conduct collective hunts (“Hunt”), interact with each other, monitor each other’s locations, see the lists and roles of Users in respective Hunt, mark and share objects and locations via Application during the Hunt.
1.2. Subject to Terms of Service, User is granted a limited non-exclusive license to install Application and use Platform and Services.
1.3. You are not allowed to lease, rent or reuse Application. You understand that your use of the Services does not grant to you ownership of any content of the Platform or the Services.
1.4. You are not allowed to modify, translate, disassemble, decompile or re-engineer a part or the whole of Platform.
1.5. You shall not copy, distribute or publish any content of the Platform or the Services or any information obtained or derived there from except as permitted on or through the Services or as otherwise permitted by applicable law.
1.6. In connection with using the Platform and the Services, it is prohibited to:
1.6.1. use the Platform or Services or its content for any unlawful purpose;
1.6.2. solicit others to perform or participate in any unlawful acts;
1.6.3. violate any international or local regulations, rules and laws;
1.6.4. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
1.6.5. submit any false or misleading information;
1.6.6. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
1.6.7. spam, phish, pharm, pretext, spider, crawl, or scrape;
1.6.8. use the Services for any obscene or immoral purpose;
1.6.9. interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
1.6.10. use the Services if you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
1.6.11. transfer your account to another party;
1.6.12. circumvent any technical measures we use to provide the Services.
1.6.13. Huntloc reserves the right to update, change or replace any part of Terms of Service. Please check this periodically for changes. Your continued use the Services after the posting of any changes constitutes acceptance of those changes.
2. DISCLAIMER OF WARRANTIES, LIABILITY, WARNINGS
2.1. Huntloc does not guarantee, represent or warrant that your use of the Services will always be uninterrupted, timely, secure or error-free.
2.2. To the extent permitted by law, Huntloc shall not be liable for any loss, claim, any direct or indirect damages, including, without limitation lost profits, lost revenue, loss of data, replacement costs, or any similar damages, arising from your use of the Services, or for any other claim related in any way to your use of the Services.
2.3. Huntloc shall not be liable for failure to perform its obligations under Terms of Service if such failure is a result of a circumstance that Huntloc can not affect (i.e. force majeure event, that includes fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telephone service) or if such failure is a result of any connection or other error caused by User’s mobile device.
2.4. User acknowledges that there could be many possible factors affecting the accuracy and correctness of information provided via Services or causing time-lags, including actions of other Users, which Huntloc cannot take any responsibility for. Therefore, You agree and understand that information provided to you via Platform might not be accurate and correct at all times. You understand that Platform uses Internet connection and GPS and input from Users and because of that, depending on the weather, environmental and other conditions, as well as depending on the any possible connection problems that each User’s device may have and the Users’ activities, information provided via Services (for example messages from other Users during the Hunt, locations of other Users during the Hunt provided via Application etc) can be delayed, outdated, inaccurate, incorrect or false.
2.5. During the Hunt, you shall, at all times, guarantee safety of yourself and any third parties, including other persons who take part of the hunt and any third persons who might be in the hunting area or around the hunting area and hold Huntloc harmless from any claims related thereto.
2.6. You shall never shoot relying on the information provided via Services.
2.7. You are solely responsible for always following all hunting safety requirements and ensuring safety of yourself and any third persons every time you use Services.
2.8. You understand that Huntloc cannot control or affect acts of its Users during their use of the Services. Huntloc shall never be responsible or liable for any loss or damage resulting from any act that Users have committed when using the Services. You are solely responsible for your use of the Services and all acts you commit when you use the Services.
2.9. The Services may include links to other websites or services (for example links to web pages of nearby hunting stores). Huntloc does not endorse any such linked sites or the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at your own risk.
3.2. Personal Data is only collected from you and processed if you have voluntarily submitted this data to us.
3.3. Personal Data that we process includes following: your username, email address, mobile phone number, locations and trail during the Hunt, your roles in ongoing and finished Hunts, date of registration, data about where and when you take part and have taken part of Hunts.
3.4. Huntloc uses the Personal Data and you give a consent to use your Personal Data for the following purposes:
3.4.1. to operate, maintain, enhance and provide all features of the Service, to provide you information that you request and to otherwise provide support to you;
3.4.2. to understand and analyze the usage trends and your preferences, to improve the Platform and the Services, and to develop new products, services, feature, and functionality;
3.4.3. to send communications, including updates on promotions and events, relating to products and services offered by Huntloc and its partners;
3.4.4. to send you advertising and notices, including for direct marketing purposes by Huntloc and its partners.
3.5. Huntloc may disclose your Personal Data to third parties on the conditions set forth in Terms of Service. You give a consent to disclose your Personal Data, including your username, email address, mobile phone number, locations and trail during the Hunt, your roles in ongoing and finished Hunts, date of registration, data about where and when you take part and have taken part of Hunts:
3.5.1. to other Users of the Platform and the Services with whom you have joined the same Hunting Group or Hunting Groups;
3.5.2. to third parties for the purposes named in clause 3.4.;
3.5.3. to law enforcement authorities when required by law and to the extent required by law.
3.5.4. If you have registered as User upon a recommendation of another User, User who invited you to register, will be notified of your registration and date of your registration.
3.6. You understand and acknowledge that your exit from the ongoing Hunt that you have previously joined, might not stop the processing and disclosure of your Personal Data (including your location and trail) to the other Users with whom you have joined the same Hunting Group or Hunting Groups and to third parties for the purposes named in clause 3.4.
3.7. You have:
3.7.1. a right to access, amend, correct, update or delete Personal Data that identifies you or request Huntloc to delete Personal Data that might identify you; if you ask Huntloc to delete your Personal Data, Huntloc is obliged to delete all Personal Data of you that might identify you, however, Huntloc can still retain, disclose and process data of you that is made anonymous and does not allow to identify you (for example data of completed trails by you during the Hunt or Hunts without the information identifying you);
3.7.2. a right to refuse to the processing of your Personal Data at any time, except if otherwise provided by applicable law;
3.7.3. a right to decline to disclose certain Personal Data to Huntloc, however, you understand that in that case Huntloc may not be able to provide you with all of the Services;
3.7.4. a right to opt-out from receiving commercial email from the Huntloc and its partners, by unsubscribing at any time by following the instructions contained within the email or by sending request by email at email@example.com;
3.7.5. all other rights arising from the applicable law.
4. USER CONTENT
4.1. You can post, share and upload information, including for example photos and texts or any other forms of information to the Platform, for example you can upload photos of seen or hunted animals, traces, trails, etc, that will be saved and stored in Huntloc databases. Content added to the Platform by you is referred to as “User Content”.
4.2. You represent and warrant that you own all of User Content that you upload. You represent and warrant that you do not use the Services to post or transmit any material which is or may be infringing on intellectual property rights of any third party, may be harassing, threatening, false, misleading, obscene, pornographic, abusive, discriminating, illegal or that could violate the rights of any party.
4.3. By uploading any User Content, you assign and transfer to Huntloc, free of charge, all proprietary rights related to User Content.
4.4. To the extent that rights related to User Content cannot be assigned, you grant Huntloc an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license without term, to use User Content in any manner now or later, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
5.1. The use of Platform and Services may be subject to a fee (hereinafter “Fee”).
5.2. The Fee is charged in advance on annual payment intervals. Huntloc reserves the right to change Fee for the following intervals.
5.3. Basic version of the Application is free of charge (hereinafter “Basic Version”). Basic Version does not include all Services. You can upgrade from the Basic Version to the full version (hereinafter “Full Version”) via web site www.huntloc.com by submitting an order to Huntloc. If you upgrade to the Full Version you are obliged pay the Fee applicable by invoice. The invoice is sent to you via e-mail.
5.4. You are obliged to pay the invoice by the due date indicated on the invoice. If you do not pay the invoice by the due date, Full Version will be automatically downgraded to the Basic Version.
5.5. Upon delay with any payments, Huntloc may you to pay interest on the delay (penalty for late payment) in accordance with applicable laws for the period as of the time the payment obligation falls due until conforming performance is rendered.
5.6. All amounts and payments are in euros and include value-added-tax (VAT).
6.1. These Terms of Service are effective until terminated or as long as Huntloc continues to provide Services.
6.2. The obligations and liabilities incurred prior to the termination date shall survive the termination for all purposes.
6.3. If you have materially violated the Terms of Service, including but not limited to, not having remedied any violation within the reasonable period determined by Huntloc, Huntloc has right to terminate the Terms of Service and any agreement with you with immediate effect by ceasing to provide Services.
7. GOVERNING LAW AND JURISDICTION
7.1. These Terms of Service shall be governed by the laws of the Republic of Estonia.
7.2. Any disputes arising from these Terms of Service shall be settled in the Harju County Court in the Republic of Estonia.
8.1. If any term, condition or provision of the Terms of Service is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
8.2. Failure of Huntloc to exercise or enforce any provision of or any of its rights under the Terms of Service shall not mean that Huntloc has deemed a waiver of future enforcement of that or any other provision or right.
9. CONTACT INFORMATION
9.1. In case you have any questions about the Terms of Service, or about Huntloc Services, please contact us via e-mail address firstname.lastname@example.org or postal address Tamme pst 6, Otepää town, Valga county 67405, Estonia.