Terms of Use

October 4, 2024

WELCOME TO HUNCH. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THIS WEBSITE & APP. IT EXEMPTS HUNCH AND HOPE MEDIA HOUSE AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Hunch Service Ltd. ("Hunch") regarding your access to and use of Hunch's website and all content, information, products, and services available on or through the app (collectively, the "App"). This Agreement also provides benefits to Hunch’s affiliates, service providers, suppliers, and other persons. Each time you use the Hunch app, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The App is for entertainment purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service. This Agreement is in addition to any other agreement you may have with Hunch, including a transaction agreement.

You represent and warrant that you are an individual person at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use comply with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

2. CHANGES TO THIS AGREEMENT

Hunch may, in its sole discretion, change this Agreement from time to time as it relates to future use of the App, by posting a revised Agreement on the App. By using the App after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

3. OWNERSHIP AND PERMITTED USE OF THE APP

The App (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement, and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the App) is the property of Hunch and is protected by Canadian and international copyright, trademark, and other laws. Your use of the App does not transfer to you any ownership or other rights in the Website or its content. The App is made available to you for your lawful, personal use only. You may use the App only in the manner described expressly in this Agreement and subject to all applicable laws. Using the App for any other purpose or in any other manner is strictly prohibited. You may print App pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The App and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of Hunch. You may not sell or resell any part of the App or access to the Website. You may not use any of the software that is used in the operation or provision of the App except while you are using the App in accordance with this Agreement.

4. MISPRINTS AND ERRORS

Hunch endeavors to provide current and accurate information on the App. However, misprints, errors, inaccuracies, omissions, or other errors may sometimes occur. Hunch reserves the right to correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person.

5. NO FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the App without the express written permission of Hunch are strictly prohibited. Hunch may, at its discretion, cancel and revoke any permission it may give to link to the App at any time and without any notice or liability. The framing, mirroring, scraping, or data-mining of the App or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the App or to post comments, communications, or any other data of any kind to or on the App with the intention that such postings may be viewed by other users of the App.

6. LINKS

Hunch does contain hyperlinks to internet sites managed by third parties. By activating these links, you may have to leave Hunch. Hunch has no control over internet sites owned by third parties. These sites are managed entirely by third parties, and Hunch cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third-party sites are identified on Hunch should not in any way be interpreted as an endorsement by Hunch and does not incur its liability in any way. Hunch cannot be held liable for possible damages arising from the use of these sites. All complaints about third-party sites should be addressed to the administrators of those sites.

7. LOGIN NAMES AND PASSWORDS

Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Hunch. For the purposes of accessing the App, the Codes remain the property of Hunch and may be canceled or suspended at any time by Hunch in its discretion without any notice or liability to you or any other person. Hunch is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Hunch may act upon any communication that is given with the use of Codes. Hunch may, in its discretion, at any time require proof of the identity of any person seeking to access and use the App and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Hunch is not satisfied with such proof. If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged on to the Website using the Codes, you will not leave the computer terminal used to access the App unless and until you have terminated the session and logged off the App.

8. UNSOLICITED SUBMISSIONS

In order to avoid potential misunderstandings or disputes, Hunch does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Hunch or the App, you automatically grant (or warrant that the owner of the Submissions grants) to Hunch and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Hunch or its successors, assigns, and licensees, and you agree, represent, and warrant that all moral rights in the Submissions are waived in favor of Hunch and its successors, assigns, and licensees.

9. YOUR INFORMATION

All information you provide through the App, which may or may not include registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current, and complete. Hunch will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Hunch, or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our App. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Apps in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third-party web beacon to collect this information.

10. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS, AND INDEMNITY

Disclaimers

Your access to and use of the website, including, but not limited to, your use of the website in relation to any contest, is at your own risk. The App is provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties, or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance, or durability, all of which are disclaimed by Hunch to the fullest extent permitted by law.

Liability exclusions

Hunch and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability, or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Hunch or any person for whom Hunch is responsible, and even if Hunch has been advised of the possibility of such loss or damage being incurred.

Acknowledgement and exclusion by statute in certain jurisdictions the exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.

You shall defend, indemnify, and hold harmless Hunch and its affiliates, licensors, and suppliers, and their respective employees, contractors, officers, and directors from any and all claims, loss, damages, and demands, including reasonable legal fees, arising out of your use or misuse of the website for any purpose, your access to the website, and any activities conducted through your account (whether by you or another person).

11. TERMINATION

Notwithstanding any other provision of this Agreement, Hunch may, in its discretion, change, discontinue, modify, restrict, suspend, or terminate the App or any part of it without any notice or liability to you or any other person. Hunch may, in its discretion and for its convenience, at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the App without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the App is terminated for any reason, then this Agreement and all other then-existing agreements between you and Hunch will continue to apply and be binding upon you regarding your prior access to and use of the App, and anything connected with, relating to, or arising therefrom.

12. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada, and applicable federal laws of Canada. Any dispute between you and Hunch or any other person arising from, connected with, or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

13. CODE OF CONDUCT

Zero Tolerance Policy
Hunch has a zero-tolerance policy for objectionable content and abusive behavior. Users are expected to conduct themselves in a respectful manner at all times. You agree not to:

i. Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.

ii. Defame, harass, abuse, threaten or defraud other users of the Hunch Services, or collect or attempt to collect personal information about users or third parties without their consent.

iii. Engage in any form of abusive behavior or harassment towards other users.

Hunch reserves the right to take appropriate action against users who violate this policy, including but not limited to termination or suspension of accounts without notice.

14. OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement, and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Hunch and its successors, assigns, and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Hunch may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

REPORTING VIOLATIONS
If you are aware of any violations of this Code of Conduct or any other rules in the Terms of Use, please report them here: support@hunch.gg.