Terms
& conditions
These terms and conditions
("Agreement") sets forth the general terms and conditions of your use
of the "Photo Pursuit“ mobile application ("Mobile Application"
or "Service") and any of its related products and services
(collectively, "Services"). This Agreement is legally binding between
you ("User", "you" or "your") and Photo Pursuit (Photo
Pursuit", "we", "us" or "our"). By accessing
and using the Mobile Application and Services, you acknowledge that you have
read, understood, and agree to be bound by the terms of this Agreement. If you
are entering into this Agreement on behalf of a business or other legal entity,
you represent that you have the authority to bind such entity to this
Agreement, in which case the terms "User", "you" or
"your" shall refer to such entity. If you do not have such authority,
or if you do not agree with the terms of this Agreement, you must not accept
this Agreement and may not access and use the Mobile Application and Services.
You acknowledge that this Agreement is a contract between you and Photo Pursuit,
even though it is electronic and is not physically signed by you, and it
governs your use of the Mobile Application and Services.
Accounts and membership
You must be at least 18 years
of age to use the Mobile Application and Services. By using the Mobile
Application and Services and by agreeing to this Agreement you warrant and
represent that you are at least 18 years of age. If you create an account in
the Mobile Application, you are responsible for maintaining the security of
your account and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with it. We may, but have
no obligation to, monitor and review new accounts before you may sign in and
start using the Services. Providing false contact information of any kind may
result in the termination of your account. You must immediately notify us of
any unauthorized uses of your account or any other breaches of security. We
will not be liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine that you
have violated any provision of this Agreement or that your conduct or content
would tend to damage our reputation and goodwill. If we delete your account for
the foregoing reasons, you may not re-register for our Services. We may block
your email address and Internet protocol address to prevent further
registration.
User content
We do not own any data,
information or material (collectively, "Content") that you submit in
the Mobile Application in the course of using the Service. You shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all
submitted Content. We may monitor and review the Content in the Mobile
Application submitted or created using our Services by you. You grant us
permission to access, copy, distribute, store, transmit, reformat, display and
perform the Content of your user account solely as required for the purpose of
providing the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable. You
also grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for
commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or
charges to your account in accordance with the fees, charges, and billing terms
in effect at the time a fee or charge is due and payable. Where Services are
offered on a free trial basis, payment may be required after the free trial
period ends, and not when you enter your billing details (which may be required
prior to the commencement of the free trial period). If, in our judgment, your
purchase constitutes a high-risk transaction, we will require you to provide us
with a copy of your valid government-issued photo identification, and possibly
a copy of a recent bank statement for the credit or debit card used for the
purchase. We reserve the right to change products and product pricing at any
time. We also reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be
information in the Mobile Application that contains typographical errors,
inaccuracies or omissions that may relate to promotions and offers. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Mobile
Application or Services is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no obligation to
update, amend or clarify information in the Mobile Application including,
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Mobile Application should be
taken to indicate that all information in the Mobile Application or Services
has been modified or updated.
Collection of personal
information
You can access and use the
Mobile Application and Services without telling us who you are or revealing any
information by which someone could identify you as a specific, identifiable
individual. If, however, you wish to use some of the features in the Mobile
Application, you may be asked to provide certain Personal Information (for
example, your name and e-mail address). We receive and store any information
you knowingly provide to us when you create an account, publish content, make a
purchase, or fill any online forms in the Mobile Application. When required,
this information may include the following:
- Personal details such as
name, country of residence, etc.
- Contact information such as
email address, address, etc.
- Account details such as user
name, unique user ID, password, etc.
- Payment information such as
credit card details, bank details, etc.
- Geolocation data such as
latitude and longitude.
- Certain features on the
mobile device such as contacts, calendar, gallery, etc.
- Any other materials you
willingly submit to us such as articles, images, feedback, etc.
You can choose not to provide
us with your Personal Information, but then you may not be able to take
advantage of some of the features in the Mobile Application. Users who are
uncertain about what information is mandatory are welcome to contact us.
End User license Agreement
Every User must need to accept
the End user license Agreement (EULA) in order to register themselves on the
application. We do not tolerate any objectionable content or abusive users and
users will be blocked from the application. User must accept the agreement
before signing up on the application. This agreement will be present in the
form of Tick Mark on the signup screen. Accepting the EULA means that any form
of intolerable content will not be accepted. User generated content must not be
abusive. It includes posting images, adding reviews, comments any any other
form of content which might harm other user’s sentiments. User can anytime
report such form of content and admin will have the full rights to directly
deactivate that user’s account.
Backups
We perform regular backups of
the Content and will do our best to ensure completeness and accuracy of these
backups. In the event of the hardware failure or data loss we will restore
backups automatically to minimize the impact and downtime.
Links to other resources
Although the Mobile Application
and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any businesses or
individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of
any other third parties. You should carefully review the legal statements and
other conditions of use of any resource which you access through a link in the
Mobile Application and Services. Your linking to any other off-site resources
is at your own risk.
Prohibited uses
In addition to other terms as
set forth in the Agreement, you are prohibited from using the Mobile
Application and Services or Content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to 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 Mobile
Application and Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any
obscene or immoral purpose; or (j) to interfere with or circumvent the security
features of the Mobile Application and Services, third party products and
services, or the Internet. We reserve the right to terminate your use of the
Mobile Application and Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property
Rights" means all present and future rights conferred by statute, common
law or equity in or in relation to any copyright and related rights,
trademarks, designs, patents, inventions, goodwill and the right to sue for
passing off, rights to inventions, rights to use, and all other intellectual
property rights, in each case whether registered or unregistered and including
all applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or forms of
protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not
transfer to you any intellectual property owned by Photo Pursuit or third
parties, and all rights, titles, and interests in and to such property will
remain (as between the parties) solely with Photo Pursuit. All trademarks,
service marks, graphics and logos used in connection with the Mobile
Application and Services, are trademarks or registered trademarks of Photo
Pursuit or its licensors. Other trademarks, service marks, graphics and logos
used in connection with the Mobile Application and Services may be the
trademarks of other third parties. Your use of the Mobile Application and
Services grants you no right or license to reproduce or otherwise use any of Photo
Pursuit or third party trademarks.
Limitation of liability
To the fullest extent permitted
by applicable law, in no event will Photo Pursuit, its affiliates, directors,
officers, employees, agents, suppliers or licensors be liable to any person for
any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of
anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if the liable party has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Photo Pursuit and its affiliates, officers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount
greater of one dollar or any amounts actually paid in cash by you toPhoto
Pursuit for the prior one month period prior to the first event or occurrence
giving rise to such liability. The limitations and exclusions also apply if
this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Subscription
While hunting, have you ever
got off location while trying to walk to a certain spot? Photo Pursuit is here
to help. Open the app, use the crosshairs to locate and save the desired
location, save the location in the library for later or use immediately. The
phone app will direct you to the spot saved in your phone. If off location the
phone will light up red. This app will help to track at night also.
Subscription details are as
follows :
Subscription Plan for Users
Monthly Plan: $9.99
Annual Plan: $99.99
Free Trial: Free users can only save "10"
number of locations before they are required to upgrade to the subscription.
* These prices are in dollars
($) for customers located in USA & Canada.
* Pricing in other countries
may vary due to conversions to your local currency and other factors.
* The subscription will be
renewed automatically if it is not canceled within at least 24 hours prior to
the expiration of the current subscription.
Location Access
App requests permission to access your location in order to
personal belonging on the app. Location permission is also required so that
users can see nearby personal belonging on the app.
Indemnification
You agree to indemnify and hold
Photo Pursuit and its affiliates, directors, officers, employees, agents,
suppliers and licensors harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys' fees, incurred in connection
with or arising from any third party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to your
Content, your use of the Mobile Application and Services or any willful
misconduct on your part.
Severability
All rights and restrictions
contained in this Agreement may be exercised and shall be applicable and
binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation,
and performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Texas, United States without
regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of United States. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts located in
Texas, United States, and you hereby submit to the personal jurisdiction of
such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify
this Agreement or its terms relating to the Mobile Application and Services at
any time, effective upon posting of an updated version of this Agreement in the
Mobile Application. When we do, we will revise the updated date at the bottom
of this page. Continued use of the Mobile Application and Services after any
such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have
read this Agreement and agree to all its terms and conditions. By accessing and
using the Mobile Application and Services you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are
not authorized to access or use the Mobile Application and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to C.sheets41@gmail.com.