Last Updated: April 9th, 2014
Welcome to The Hunt! ShopTap, Inc. ("ShopTap", "we", "our", or "us") provides The Hunt, an online service that lets users help each other find the products they’re hunting for through our website, accessible at //www.thehunt.com/ (the "Site"), and our related mobile apps.
For purposes of this Agreement:
Eligibility The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 13 or older. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Member Accounts: In order to access certain features of the Site and Services and to post any Member Content on the Site or through the Services, you must register to become a Member of the Site by creating an account ("Account"). You may create an Account in two ways: (i) by using your email address, or (ii) by logging into the Site and Services with your Facebook account using Facebook Connect.
When you create an Account using your email address, you’ll be prompted to select a password. Keep your password safe, and don’t disclose it or share your Account credentials with anyone else. All activities or actions taken under your Account are your sole responsibility, whether you authorized them or not. If you learn of or suspect any unauthorized use of your Account, please notify us immediately. You agree to provide accurate, current, and complete information during the registration process and to keep your information updated, and you acknowledge that ShopTap may, at its sole discretion, suspend or terminate your Account if any information you provide is inaccurate, out-of-date, or incomplete.
Hunts, Finds, and Follows: After you have created an Account, you may use the Services to create, view, and follow searches ("Hunts") for various products and to add links to resources where those products are available ("Finds") to Hunts. Please note that your Hunts and Finds will be publicly viewable by all visitors to the Site, and that other Members have the option to subscribe to ("Follow") your Account or your Hunts.
Photo-Sharing Services: In order to add a Find from a third-party photo sharing service such as Instagram ("Photo-Sharing Service"), you must connect your account on that Photo-Sharing Service to your Account. The first time you do so, you’ll be asked to enter your Photo-Sharing Service account credentials. By connecting your Account to your Photo-Sharing Service account, you allow The Hunt to access your Photo-Sharing Service account information, and you agree to abide by the Photo-Sharing Service’s applicable terms and conditions when you use the Site or Services through that Photo-Sharing Service.
The Site, Services, and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. All trademarks, service marks, logos, trade names, and any other proprietary designations of ShopTap used herein are trademarks or registered trademarks of ShopTap. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Except as expressly provided in this Agreement, ShopTap and its licensors exclusively own all right, title, and interest in and to the Site, Services, and Site Content, including all associated intellectual property rights. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.
Subject to your compliance with the Agreement, ShopTap grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to (i) access, view, download, and print any The Hunt Content and (ii) access and view any Member Content solely for your personal and non-commercial purposes (the “Member License”). You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site, Services, or Site Content except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ShopTap or its licensors, except for the licenses and rights expressly granted in this Agreement. ShopTap reserves the right to terminate your Member License immediately, without prior notice to you or an opportunity to cure, in the event you fail to comply with any term or condition of the Agreement, and as otherwise expressly provided herein.
We may, in our sole discretion, permit Members to post, upload, publish, submit, or transmit Member Content to or through the Site or Services. By making available any Member Content through the Site or Services, you grant to ShopTap a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site or Services (the “Member Content License”). The Member Content License shall survive any non-compliance with this Agreement (by either party) and any deactivation of your Account. This means that your Member Content may remain on the Site and Services indefinitely, even if you or we violate the Agreement, and even if you deactivate your Account (but in anonymized form that is not associated with your name, email address, or other information that could directly identify you). ShopTap does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services, or you have all necessary rights, licenses, consents and releases to grant to ShopTap the rights in such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content, nor your posting, uploading, publication, submission, or transmittal of the Member Content, nor ShopTap’s use of the Member Content (or any portion thereof) on, through, or by means of the Site and Services, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
ShopTap reserves the right, but has no obligation, to monitor the Member Content you post on the Site or Services. We reserve the right to remove any Member Content for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or any term of the Agreement, or to protect or defend our rights or property or those of any third party. ShopTap also reserves the right to remove Site Content, including Member Content, upon the request of any third party, but shall have no obligation to do so except as required by applicable law, court order, legally binding agreement, or other such authority.
You agree not to do any of the following:
ShopTap will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ShopTap may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that ShopTap has no obligation to monitor your access to or use of the Site, Services, or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. ShopTap reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that ShopTap, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Site or Services.
ShopTap follows copyright and other intellectual property law and expects its users to do the same. ShopTap has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. For more information, please see our Intellectual Property Policy , which is incorporated into this Agreement.
We may use third-party link replacement services such as VigLink and Skimlinks to substitute links to other websites with affiliated links, and we may earn commissions when these links are clicked and/or lead to a user transaction.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Site or Services at any time and without prior notice to you. If you breach any part of the Agreement, we shall have the right to suspend or disable your Account or terminate this Agreement, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Site, Services and Site Content, and/or to remove Hunts or Finds you have created, at any time, with or without cause, for any reason or no reason. You may deactivate your Account at any time by sending an email to firstname.lastname@example.org .
THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHOPTAP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHOPTAP MAKES NO WARRANTY THAT THE SITE, SERVICES, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHOPTAP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCT(S), SERVICE(S), OR SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHOPTAP OR THROUGH THE SITE, SERVICES, OR SITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless ShopTap and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services, or Site Content, (ii) your Member Content, or (iii) your violation of this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER SHOPTAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOPTAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SHOPTAP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR SITE CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHOPTAP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws of the State of California without regard to its choice or conflict of laws provisions. All claims arising out of or relating to this Agreement, the Site, or the Services will be litigated exclusively in the state or federal courts located in San Francisco County, California, and you consent to, and waive any objection to, personal jurisdiction in those courts.
The Site and Services are controlled and operated from the United States, and ShopTap makes no representations that they are appropriate or available for use in other locations.
From time to time, we may run contests, special offers, or other events or activities ("Events") on The Hunt together with a third party partner ("Event Partner"). Events may be governed by terms and conditions that are distinct from these Terms. Those terms and conditions shall govern only with regard to that Event and do not supersede this Agreement. To the extent that there is any conflict between an Event’s terms and conditions and this Agreement, the Event’s terms and conditions shall control.
If for any reason a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect.
Assignments You may not assign or transfer this Agreement, by operation of law or otherwise, without ShopTap’s prior written consent. Any attempted transfer or assignment in violation of the Agreement shall be null and void. ShopTap may assign or transfer the Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to the Agreement, will be in writing and given by ShopTap (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Services. For notices made by email, the date of transmission from ShopTap will be deemed the date on which such notice is transmitted. For notices made by posting to the Site or Services, the date on which such notice is posted will be deemed the date on which such notice is transmitted.
No Waiver: ShopTap’s failure to assert any right or provision of the Agreement shall not constitute a waiver of that or any other right or provision. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. No waiver of any right or provision will be effective unless made in writing and signed by a duly authorized representative of ShopTap. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise.
Changes to the Agreement: We may revise the Agreement from time to time, without prior notice to you. The most current version of the Agreement will always be posted to the Site and Services, and we may also notify you of revisions, at our sole discretion, by other means (such as by email). We will update the "Last Updated" date at the top of these Terms when we post a revision, and such date shall constitute the effective date of the Agreement. By continuing to access or use the Site or Services after we’ve posted a revision, you agree to be bound by the revised Agreement, so please check back regularly for any revisions. If you do not agree to the revised Agreement, please stop using the Site and Services.
We want to hear from you! If you have any questions or comments about this Agreement, the Site, or the Services, please contact us at email@example.com or at the following address:
49 Geary Street, Suite 238 San Francisco, CA 94108