Date of Last Revision: August 31, 2010.
Welcome to The Hunter, an interactive hunting game and community service that connects you with the other members of The Hunter community. The Hunter service and network (collectively, "The Hunter" or "the Service") are operated by Expansive Worlds AB and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.thehunter.com (the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of The Hunter. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THESE Terms of Service CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You agree to abide by the rules set forth in our User Conduct Charter when you use the Site. These rules are as follows:
1. You should be over 13 to play the Hunter and if you are under 18 your parent/guardian accepts full responsibility for your actions while playing the Hunter or using the services of www.theHunter.com website.
2. While playing theHunter.com , you must respect the rights of others and their rights to play and enjoy the game. To this end, you may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players.
3. When naming your character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language.
4. You may not post or communicate any player's real world information (name, address, account name, etc.) through the theHunter.com game or on the official theHunter.com website.
5. You may not harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
6. You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
7. You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language.
8. You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content.
9. When communicating in theHunter.com using Chat, Forums, or other messaging systems in theHunter.com, you may not spam, flood, or make duplicate posts.
10. You may not impersonate any Expansive Worlds AB or Avalanche Studios employee.
11. You may not violate or encourage others to violate any local, state, national, or international laws or regulations.
12. You may not market, promote, advertise, or solicit within the theHunter.com game or on the official theHunter.com website.
13. You may not modify any part of the theHunter.com Client, Server, or any part of the official theHunter.com website.
14. You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to any theHunter.com account.
15. You may not advertise the intent to or commit the act of buying or selling items for cash or trading items from one server to another.
16. You may not arrange for the exchange or transfer of any pirated or illegal software while using the theHunter.com game or website.
17. You will follow the instructions of authorized personnel while in theHunter.com or on the Official Website.
18. You may not organize nor be a member of any pledges or groups within TheHunter.com that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies.
19. You may not provide false information or intentionally hide any information when registering for your theHunter.com account.
20. You may not upload or transmit on theHunter.com or the official theHunter.com website any copyrighted content that you do not own all rights to without the express written permission of the author or copyright holder.
21. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running theHunter.com.
22. You will not exploit any bug in theHunter.com and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of thehunter.com . Bugs should be promptly reported via theHunter.com Knowledgebase or via a query submitted to the Customer Support Team.
23. You will not attempt to play theHunter.com on any server that is not controlled or authorized by Expansive Worlds AB or its designees.
24. You will not create, use, or provide any server emulator or other site where theHunter.com may be played, and you will not post or distribute any utilities, emulators or other software tools related to theHunter.com without the express written permission of Expansive Worlds AB.
25. You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college.
Payment for Memberships
You agree to pay for any membership you purchase through the Service, and The Hunter’s payment processing vendor may charge your payment card or PayPal account for any membership or other products or services purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing The Hunter with valid PayPal account details for payment of all fees. All fees will be billed to the PayPal account, you designate during the registration process. If there is a change in your payment card or PayPal account status, you must change your PayPal account information online at the Account Information section of the Service.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions that you enter into on this site, including notices of cancellation, policies, contracts and applications.
You agree to pay all fees and charges that you incur. The subscription payment is non-refundable, however, remaining portion of the payment can be credited towards a higher level subscription, should you decide to upgrade (such as from a single user to multi-user subscription). We may at any time change the amount of, or basis for determining, the subscription fee, or institute new fees or charges.
You acknowledge that the Service presently includes a component of in-world fictional currency ("em$"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Expansive Worlds. Expansive Worlds may charge fees for the right to use em$, or may distribute em$ without charge, in its sole discretion. Regardless of terminology used, em$ represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Expansive Worlds at any time. You agree that Expansive Worlds has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Expansive Worlds will have no liability to you based on its exercise of such right.
We confirm all subscriptions and send all initial login or activation information by email once we have had the opportunity to confirm your purchase.
User Content Posted on the Site
You are solely responsible for the
photos, profiles (including your name, image, and likeness),
messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display
(hereinafter, "post") on or through the Service or the
Site, or transmit to or share with other users (collectively the
"User Content"). You may not post, transmit, or share User
Content on the Site or Service that you did not create or that you do
not have permission to post. You understand and agree that the
Company may, but is not obligated to, review the Site and may delete
or remove (without notice) any Site Content or User Content in its
sole discretion, for any reason or no reason, including User Content
that in the sole judgment of the Company violates this Agreement, or
which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies
and replacing any User Content you post or store on the Site or
provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Hunter does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Refunds and cancellations
All sales for digital content or services are final. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on The Hunter website or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
The Company offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Service.
You are solely responsible for your interactions with other users of The Hunter. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable
in any manner for any User Content or Third Party Applications,
Software or Content posted on the Site or in connection with the
Service, whether posted or caused by users of the Site, by The
Hunter, by third parties or by any of the equipment or programming
associated with or utilized in the Site or the Service. Although we
provide rules for user conduct and postings, we do not control and
are not responsible for what users post, transmit or share on the
Site and are not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content you may
encounter on the Site or in connection with any User Content or Third
Party Applications, Software or Content. The Company is not
responsible for the conduct, whether online or offline, of any user
of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS
DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS
OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR
DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL
THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF
NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF
THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the England, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of England, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of England.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Player agrees to comply with all requirements imposed upon Expansive Worlds AB by third party service providers and licensors, including, without limitation, Jenkins Software LLC.
Player acknowledges and agrees that he or she is not a third party beneficiary of any agreements between Expansive Worlds AB and its third party service providers and licensors, including, without limitation, Jenkins Software LLC.
Player acknowledges and agrees that Jenkins Software LLC is and shall be a third party beneficiary of this Terms of Service.
Player acknowledges and agrees that no claim, action, or demand shall lie against Jenkins Software LLC with respect to any loss, cost, liability, damages, or expense arising out of or related to this Terms of Service or the theHunter. For clarity, Player shall not file any suit or bring any cause of action against Jenkins Software LLC with respect to this Terms of Service or the theHunter.Player acknowledges that Jenkins Software LLC has not made any warranties to Player with respect to the theHunter, that Jenkins Software LLC expressly disclaims implied warranties of merchantability or fitness for a particular purpose, and that Jenkins Software LLC has no obligation to honor any warranties that Expansive Worlds AB may provide to Player in this Terms of Service or otherwise.
Neither Player nor any of [User’s] agents or consultants shall assign, sublicense, transfer, reproduce, copy, modify, disassemble, decompile, or otherwise reverse engineer any portion of the RakNet components provided with the theHunter.
Player shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data, any products received from [Licensee], or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized.