Terms of Use ("Terms")

Last updated: May 7, 2024

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.hunterbscavenge.com website (“Website”) and the Hunter B Scavenge application (“App”) as well as our Services (the "Services") operated by Hunter B Scavenge, LLC ("us", "we", or "our").

Your access to and use of the Website, App and/or Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, purchasers and others who wish to access or use the Website, App and/or Services.

By accessing or using the Website, App and/or Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Website, App and/or Services.

The Services

The Hunter B Scavenge, LLC Services allow users to play digital scavenger hunt games created by Hunter B Scavenge, LLC. Hunts are made up of various questions and answers, which may include multiple choices, typed answer entries, and solving riddles in order to find a destination and to receive points (the “Hunts”). In order to access the Services and start playing, you must log in to the App with a pseudonym and an in App Hunt purchase. The Services may be used from a personal mobile device after the User has downloaded the App and made an in App Hunt purchase.

User Age Restrictions

The Services are designed to be used by individuals who are over the age of 18. Hunter B Scavenge, LLC does sell services that can be used by children but, they are sold to adults, who can purchase with a credit card. If you are under 18 years of age, you may use Hunter B Scavenge, LLC Services only with the involvement of a parent or guardian. Hunter B Scavenge, LLC reserves the right to refuse service or remove or edit content at its sole discretion.

DISCLAIMER OF HUNTS

ALL HUNTS (INCLUDING WITHOUT LIMITATION ANY CONTENT, TASKS, ACTIVITIES, EVENTS, LOCATIONS, LOCAL CONDITIONS AND CIRCUMSTANCES) ARE THE SOLE RESPONSIBILITY OF THE USERS. THIS MEANS THAT THE USER IS ENTIRELY RESPONSIBLE FOR PARTICIPATING IN THAT HUNT AND ANY CONSEQUENCE THAT MAY ARISE FROM THE USER’S PARTICIPATION IN THAT HUNT. HUNTER B SCAVENGE, LLC DOES NOT ACTIVELY MONITOR HUNTS AND, AS SUCH, DOES NOT GUARANTEE THE SAFETY, INTEGRITY, SUITABILITY OR QUALITY OF ANY SUCH HUNTS. USERS ACKNOWLEDGE THAT BY USING THE SERVICES, THEY MAY BE EXPOSED TO RISKS AND DANGERS, UNSUITABLE ENVIRONMENTS, AND OTHER CONSEQUENCES. UNDER NO CIRCUMSTANCES WILL HUNTER B SCAVENGE, LLC BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES ARISING FROM SUCH HUNTS, INCLUDING BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY HUNTS, OR FOR ANY OFFENSE, INJURY, DEATH, LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) OF ANY KIND INCURRED OR SUFFERED AS A RESULT OF PARTICIPATING IN ANY HUNT MADE AVAILABLE VIA THE SERVICES.

Intellectual Property

The Website, App and Services and their original content, features and functionality (included but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are and will remain the exclusive property of Hunter B Scavenge, LLC and its licensors. The Website and App are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hunter B Scavenge, LLC.

End User License

Subject to the terms of this Agreement, Hunter B Scavenge, LLC grants you a non-transferable, non-exclusive, license to a) use the Services for your personal use, and b) download, install and use one copy of the App on a mobile device that you own or control, solely for your own use (the “License”). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Hunter B Scavenge, LLC name, trademarks, logos, domain names, and other distinctive brand features without prior written consent. This license does not include any resale or commercial use of the Website and/or App or their contents; any collection and use of product listings, descriptions, or prices; any derivative use of this Website and/or App or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Website and/or App or any portion of either may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hunter B Scavenge, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Hunter B Scavenge, LLC and our affiliates without express written consent. You may not use any meta tags or other “hidden text” utilizing the Hunter B Scavenge, LLC name or trademarks without the express written consent of Hunter B Scavenge, LLC. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or App. Any future release, update, or other addition to functionality of the Website, App or Services shall be subject to the terms of these Terms. Any unauthorized use terminates the permission or license granted by Hunter B Scavenge, LLC.

Availability and Updates

Hunter B Scavenge, LLC may alter, suspend, or discontinue the Website, App and/or Services at any time for any reason or no reason, without notice. The Website, App and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hunter B Scavenge, LLC may, upon occasion, add or update the information and materials on the Website and/or App without notice.

Links To Other Web Sites

Our Website, App and/or Services may contain links to third party web sites or services that are not owned or controlled by Hunter B Scavenge, LLC.

Hunter B Scavenge, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Hunter B Scavenge, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

If you decide to access any of the third-party websites linked to this Website, and/or App you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Feedback

If you provide Hunter B Scavenge, LLC with any comments, suggestions, ratings, or other feedback relating to any aspect of the Website, App and/or Services (“Feedback”), Hunter B Scavenge, LLC may use such Feedback on the Website and/or App or within any other Hunter B Scavenge, LLC products, services or marketing materials (collectively “Hunter B Scavenge, LLC Offerings and Promotions”). Accordingly, you agree that a) Hunter B Scavenge, LLC is not subject to any confidentiality obligations with respect to the Feedback, b) the Feedback is not confidential or proprietary information of you or any third-party and you have all the necessary rights to disclose the Feedback to Hunter B Scavenge, LLC, c) Hunter B Scavenge, LLC (including all of its successors and assigns and any successors and assigns of any of the Hunter B Scavenge, LLC Offerings and Promotions) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hunter B Scavenge, LLC Offerings and Promotions, and d) you are not entitled to receive any compensation or reimbursement of any kind from Hunter B Scavenge, LLC or any of the other Users of the Website, App and/or Services in regard to the Feedback.

Termination

We may terminate or suspend your access to the Website, App and/or Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HUNTER B SCAVENGE, LLC AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGEMENTS, AWARDS, LOSSES, LIABILITIES, COSTS OR DEBT, EXPENSES AND FEES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), RESULTING FROM OR ARISING OUT OF A) YOUR USE AND ACCESS OF THE WEBSITE, APP AND/OR SERVICES, OR B) A BREACH OF THESE TERMS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL HUNTER B SCAVENGE, LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCES OR USE THE WEBSITE, APP AND/OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, APP AND/OR SERVICES; (III) ANY CONTENT OBTAINED FROM THE WEBSITE, APP AND/OR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATIONS OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HERIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

DISCLAIMER

THE WEBSITE, APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF SUCH IS AT YOUR SOLE RISK. THE WEBSITE, APP AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

HUNTER B SCAVENGE, LLC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE WEBSITE, APP AND/OR SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE WEBSITE, APP AND/OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE WEBSITE, APP AND/OR SERVICES WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Louisiana, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Louisiana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms together with any Privacy Policy that may be published on the Website and/or App constitute the entire agreement between us regarding our Website, App and Services, and supersede and replace any prior agreements we might have had between us regarding the Website, App and Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website, App and/or Services thereafter.

We will let you know via email to the primary email address provided by you and/or a prominent notice on our Website, after we make the change.

The date the Terms were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting the Terms to check for any changes. If you do not agree to the new Terms, you are no longer authorized to use the Website, App and/or Services.

Contact Us

If you have any questions about these Terms, please contact us at Hunter@hunterbscavenge.com