Terms of Use

Welcome to our web site, www.sighthound.com (the “Website”), a site owned and operated by Sighthound, Inc (“Sighthound”). Sighthound provides our products, materials, and services to you through our Website subject to the following terms and conditions (the “Terms of Use”). The Terms of Use applies to any person (collectively “you” or “your”) who accesses this Website, views the contents of this Website, submits videos or other content, and/or accesses, downloads or otherwise uses our products or services (defined below).

BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH HEREIN. IF YOU VISIT THIS WEB SITE, YOU EXPRESSLY ACCEPT THIS TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES OR SOFTWARE; AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THIS WEB SITE.

LICENSE AND WEB SITE ACCESS

Sighthound grants you a revocable, non-exclusive, limited license (the “Limited License”) to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website (collectively, the “Contents”). Unless explicitly granted herein, all rights are reserved by Sighthound. Prohibited uses of this Website and the Contents include, but not limited to, downloading this Website or the Contents (other than page caching) without Sighthound’s prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of this Website or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Website (collectively, “Software”) are the copyrighted and patented work of Sighthound. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. The Software is made available solely in accordance with the license agreement.

INTELLECTUAL PROPERTY OF SIGHTHOUND

This Website and all Contents, and any compilation thereof, are the exclusive property of Sighthound and protected by United States and international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Website are trademarks and trade dress, as applicable, of Sighthound and may not be used in connection with any product or service that is not offered by Sighthound, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Sighthound. You may not use any Sighthound logo or any other proprietary graphic or trademark without express written permission. Periodically on this Website, Sighthound makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and Sighthound makes no claim to ownership of those marks.

USER ACCOUNTS AND PASSWORDS

Some Sighthound Services may require you to open a user account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify Sighthound immediately if you become aware of any unauthorized use of your account or any breach of security. Sighthound will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another Sighthound user’s account without the permission of that user.

USER CONTENT

You are solely responsible for your account information, posted content, blogs, messages or other information (“User Content”) that you submit, publish or display (hereinafter, “post”) on the Website or transmit to other users. By posting User Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Sighthound an irrevocable, perpetual, non- exclusive, fully paid, worldwide license to display such User Content on the Website. You understand that by using the Services that your User Content will be publicly available to others using the Services and that Sighthound has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your User Content.

Sighthound acts as a conduit for the distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by users. However, Sighthound may review and delete any User Content that, in the sole judgment of Sighthound, violates this Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of users of the Website. Sighthound reserves the right to expel you and prevent your further access to the Website for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. Sighthound may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Sighthound or may cause Sighthound to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the Website. The list below is for illustration only and is not a complete list of all prohibited User Content:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of another any group or individual;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password only access pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • provides instructional information about illegal activities or other activities prohibited by this Terms of Use, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other users.

Sighthound does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Sighthound has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by users. If notified by a user of communications which allegedly do not conform to this Terms of Use, Sighthound may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Sighthound has no liability or responsibility to users for performance or nonperformance of such activities.

USER SUBMISSIONS

The Website or other Sighthound services may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sighthound does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sighthound to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sighthound, you hereby grant Sighthound a worldwide, non-exclusive, royalty-free, sub- licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Sighthound Video services and Sighthound’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sighthound all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sighthound or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Sighthound does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sighthound expressly disclaims any and all liability in connection with User Submissions. Sighthound does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sighthound will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Sighthound reserves the right to remove Content and User Submissions without prior notice. Sighthound will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Sighthound also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sighthound may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Sighthound is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that you deem inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sighthound with respect thereto, and agree to indemnify and hold Sighthound, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant to Sighthound that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Terms of Use; (b) all information provided by you to Sighthound is truthful, accurate and complete; and© you shall comply with all terms and conditions of this Terms of Use.

TERMINATION

This Terms of Use is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Sighthound reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Services; (b) suspend your access to or use of all or any portion of the Services; and© terminate this Terms of Use.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. SIGHTHOUND MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INRELATION TO THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGHTHOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGHTHOUND DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM SIGHTHOUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIGHTHOUND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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 MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SIGHTHOUND BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

RESTRICTIONS & PROHIBITED USES

Sighthound prohibits any use of the Website other than as described in this Terms of Use, and you agree not to do any of the following: (1) delete or revise any material posted by any other person or entity; (2) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website, (4) frame or link to any of the Content or information available from the Website.

You may not use the Website in order to transmit, distribute, store or destroy material, including without limitation the Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Sighthound will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

MISCELLANEOUS

Sighthound shall have the right, at any time and without notice, to add to or modify the terms of the Terms of Use, simply by posting such amended terms herein. Your access, link to or use of the Services after the date such amended terms are posted or delivered to your account with the Services shall be deemed to constitute acceptance of such amended terms.

This Terms of Use shall be governed by the laws of the state of California and the United States without reference to conflicts of laws. All actions, claims or disputes arising under or relating to this Terms of Use shall be brought in the federal or state courts in the state of California. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the state of California. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the state of California and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the state of California.

If any action in law or in equity is necessary to enforce the terms of this Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

If any provision of the Terms of Use is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Terms of Use shall remain enforceable.

No waiver of any term, provision or condition of this Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties’ last known e-mail address. You hereby consent to notice by e-mail.

This Terms of Use constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services.