Terms of Use Agreement

Revised 17th February 2013

Welcome to the Hunted Hive website (the "Website") provided by Hunted Hive ("we" or "us"). By accessing the Website you are agreeing to be bound by these Website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trade mark law.

We reserve the right to amend these Terms of Use at any time without prior notice. While we may provide you with notice of a new version of this Agreement, by either email or by posting a notice on the Website, we have no duty to do so.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on the Website;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hunted Hive at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

In no event shall Hunted Hive or its suppliers, subsidiaries, agents, licensors, managers, and other affiliated companies be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if Hunted Hive or a Hunted Hive authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. Hunted Hive does not warrant that any of the materials on the Website are accurate, complete, or current. Hunted Hive may make changes to the materials contained on its Website at any time without notice. Hunted Hive does not, however, make any commitment to update the materials.

Third Party Links

Hunted Hive has not reviewed all of the third party sites linked to from the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hunted Hive of the external site. Use of any such linked site is at the user's own risk.

Site Terms of Use Modifications

Hunted Hive may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.

Governing Law

Any claim relating to the Website shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions.

User Accounts

You may use the Website only if you can form a binding contract with Hunted Hive, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Hunted Hive reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

You may create an account at Hunted Hive in order to gain access to t certain features and functionality of the Website that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hunted Hive immediately of any breach of security or unauthorised use of your account. Hunted Hive will not be liable for any losses caused by any unauthorised use of your account.

If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Website. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for a User Account or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us

User Generated Content

All information, data, text, photographs, graphics, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Website or through the Services or the Applications (collectively referred to as "User Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Generated Content originated. You are entirely responsible for all of the User Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User Generated Content posted and we take no responsibility for such content.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Generated Content will be at your own risk.

You understand that by using or accessing the Website you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Generated Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the Site, via the Service or the Applications.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Generated Content, such as User Generated Content which violates these Terms of Use. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request
  • enforce these Terms of Use, including investigation of potential violations hereof
  • detect, prevent, or otherwise address fraud, security or technical issues
  • respond to member support requests, or
  • protect our rights, property or safety, and that of our users and the public.

We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Use.

Except where stated otherwise in these Terms of Use or elsewhere on the Website, we claim no ownership or control over any User Generated Content. You retain any and all trademark rights and copyright to any User Generated Content that you submit, post or display on or through the Website or the Services and you are responsible for protecting those rights.

While you own all of your own User Generated Content, you hereby grant us, our licensees of the Applications and business partners a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User Generated Content for any purpose. Furthermore, you hereby grant us, our licensees of the Applications and business partners the right to publicly exhibit, display, reproduce, store, distribute, alter or make other use of photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees of the Applications and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.

In granting these license to us, our licensees of the Applications and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Generated Content.

You will only upload, post, submit or otherwise transmit User Generated Content that:

  • that you have the lawful right to use, copy, distribute, transmit, or display; and
  • that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

We will in appropriate circumstances terminate the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Conduct

You agree not to do any of the following while using Hunted Hive.

  • Post, publish or transmit any text, graphics, or material that:
    • is false or misleading;
    • is defamatory;
    • invades another's privacy;
    • is obscene, pornographic, or offensive;
    • promotes bigotry, racism, hatred or harm against any individual or group;
    • infringes another's rights, including but not limited to any intellectual property rights; or
    • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search Hunted Hive with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided, or specifically authorized, by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • Attempt to alter or modify the Website, Content, Services or Applications or use Hunted Hive for purposes other than which they were intended;
  • Send unsolicited email, junk mail, "spam," chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Hunted Hive to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Hunted Hive;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.

We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have the right to monitor your access to or use of Hunted Hive for operating purposes, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Security

Hunted Hive cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Contact Us

If you have any questions concerning these Terms of Use, please contact us using the details below.

Email: solutions@huntedhive.com

Post:

Hunted Hive
THE SWARM
West End, Brisbane
QLD, 4101, Australia
AUSTRALIA