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TERMS OF SERVICE

       TERMS OF USE OF WWW.HOUNDSOFFORTUNE.COM

  1. BINDING EFFECT. This is a binding agreement. By using the website located at www.houndsoffortune.com (the “Site”), you agree to abide by these Terms of Use, as they may be amended by Hounds of Fortune (“HOF”) from time to time in its sole discretion. HOF will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. If at any time you do not agree to these Terms of Use, you should not use the Site.
  2. PRIVACY POLICY. HOF respects your privacy and permits you to control the treatment of your personal information. A complete statement of HOF’s current Privacy Policy can be found by clicking here. HOF’s Privacy Policy is expressly incorporated into this Agreement by this reference.
  3. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted by you. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials posted on or viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
  4. PERMITTED USES. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with these Terms of Use; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content.
  5. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by HOF or by any third party.
  6. CALIFORNIA USE ONLY. The Site is controlled and operated by HOF from its offices in the State of California. HOF makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as HOF’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
  7. PROHIBITED USES. HOF imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HOF in providing the Site.
  8. COPYRIGHT INFRINGEMENT. HOF has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. HOF’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HOF to delete, edit, or disable the material in question, you must provide HOF with all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HOF to locate the material;

(d) information reasonably sufficient to permit HOF to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to HOF’s designated agent at:

Maximilian Buddenbrock

Hounds of Fortune

28191 Laura La Plante Drive

Agoura Hills, CA 91301, USA

Tel: 424.256.8153

Email: info@houndsoffortune.com

  1. ALLEGED VIOLATIONS. HOF reserves the right to terminate your use of the Site with or without notice to you, and without liability to you, if HOF believes that you have violated any of the Terms of Use, furnished HOF with false or misleading information, or interfered with use of the Site by others.
  2. NO WARRANTIES. HOF HEREBY DISCLAIMS ALL WARRANTIES. HOF IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HOF DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
  3. LIMITED LIABILITY. HOF’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOF BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY ERRORS IN OR OMISSIONS FROM THE SITE OR INFORMATION OBTAINED, THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, THE CONTENT CONTAINED ON THE SITE, OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF HOF. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  4. AFFILIATED SITES. HOF has no control over, and no liability for any third party websites or materials. HOF works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither HOF nor the Site has control over the content and performance of these partner and affiliate sites, HOF makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and HOF assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that HOF makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  5. INDEMNITY. You agree to indemnify HOF for your acts and omissions. You agree to indemnify, defend, and hold harmless HOF, its owners, affiliates, officers, directors, employees, consultants, contractors agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  6. GOVERNING LAW. These Terms of Use shall be treated as though it is an agreement entered into and performed in Burbank, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County in all disputes arising out of or related to the use of the Site.
  7. ARBITRATION. Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by HOF or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.
  8. MISCELLANEOUS. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms of Use. The headings in these Terms of Use are included for convenience only and shall neither affect the construction or interpretation of any provision of these Terms of Use nor affect any of the rights or obligations of the parties to these Terms of Use.
  9. ENTIRE AGREEMENT. These Terms of Use constitute the entire and only agreement between you and HOF, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of these Terms of Use. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, then these Terms of Use shall take precedence. HOF may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. HOF shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.