Whitetail Domains LLC is a geospatial social networking website service combined with a lease and/or ranch and herd management system
aimed at the whitetail deer hunting market in North America. By using or accessing this website (the "
Site"), or
by using any of the content hosting and sharing services provided via the Site ("
Services"), you agree to be bound
by these Terms of Service and by the Privacy Policy of Whitetail Domains LLC ("
Whitetail Domains "), which are collectively
referred to as the "Agreement." Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement,
then you may not use or access the Site or any of the Services of Whitetail Domains.
This Agreement sets forth the legally binding terms for your use of Whitetail Domains’s many individual Services. By using our Services,
you agree to be bound by this Agreement, whether you are a "Visitor” or “Guest”, a Registered User (which means that you have registered
with Whitetail Domains.com), or a fee-based "Member" of the site.
Users are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. If you do not agree
with all the terms contained herein, you should immediately terminate your use of Whitetail Domains.com and discontinue andy future
use of its Services.
Whitetail Domains.com has the exclusive right to modify this Agreement as it feels necessary. Such modifications are in affect from
the moment upon posting to the Whitetail Domains.com website. All Users alike are bound to any changes to this Agreement perpetually,
regardless of specific revisions so long as they continue to utilize Whitetail Domains.com Services.
Whitetail Domains may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the
Site and Services, for any reason, and without notice. Although you may be asked to indicate your assent to the terms of this Agreement
only once (e.g., when you register for a Whitetail Domains account), the terms of this Agreement, as modified by Whitetail Domains
from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, you
agree to be bound by the Terms of Service in effect at the time of such use or access.
Description Of The Service
Whitetail Domains provides its Registered Users (defined below) with the ability to host a variety of content, including without limitation
images and videos (including any audio accompanying the videos) ("
Content") that Registered Users own or to which
they have the necessary rights ("
User Content "), in order to share User Content via the Web. Visitors, or “Guests”
to the Site may view or share certain aspects of the User Content, but Guest Users are restricted via the website from viewing certain
User Content or sharing certain User Content. Under the current terms of this Agreement, Guest and Registered Users will enjoy these
Services free of charge. Members of Whitetail Domains are users of the system who pay a nominal fee for the ranch and/or lease management
portion of the website. Members of Whitetail Domains have the highest level of services and access to the system and Members enjoy
the ability to maintain a private website for their own ranch and/or lease and/or hunting club (“
Hunting Club ”).
Members further enjoy a complete record management system for their Hunting Club and only current members of their own club may share
User Content between and amongst other current members of the Hunting Club.
Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled
maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control
of Whitetail Domains. Also, although Whitetail Domains will normally only delete Content that violates this Agreement, Whitetail Domains
reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Whitetail Domains
in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Whitetail Domains
encourages you to maintain your own backup of your User Content. In other words, Whitetail Domains is not a backup service. As discussed
further in this document, Whitetail Domains will not be liable to you for any modification, suspension, or discontinuation of the
Services, or the loss of any Content.
Whitetail Domains.com has the exclusive right to modify this Agreement as it feels necessary. Such modifications are in affect from
the moment upon posting to the WhitetailDomains.com website. Guest, Registered Users, and Members alike are bound to any changes to
this Agreement perpetually, regardless of specific revisions so long as they continue to utilize WhitetailDomains.com Services.
Registered Users and Members should exercise caution when choosing what specific information to post on WhitetailDomains.com. Whitetail
Domains does not permit the use of photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. Despite this prohibition, information provided by other Whitetail Domains.com Users may
contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. WhitetailDomains.com assumes no
responsibility or liability for this material whatsoever. If you become aware of the misuse of the Services by any person, please
contact Whitetail Domains.com immediately.
WhitetailDomains.com reserves the right to reject, refuse to post or remove any posting by its Registered Users or Members, or to
restrict, suspend, or terminate access to all or any part of its Services at any time, for any without prior notice, and without liability.
User Accounts And Passwords
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (i) all registration
information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of the Services
does not violate any applicable law or regulation. Your account may be deleted and your utilization of the Site may be terminated
without warning, if we believe that these guidelines are not upheld.
In order to access certain features of the Site and the Services, and to post Content, you must create a Whitetail Domains account.
You may create an account on the Registration page. Once you have created an account, you will be a "
Registered User
." Registered Users are limited to one free account per person. You may also upgrade to a "
Member" account by paying
a membership fee which enables your access to the ranch and/or lease and herd management system. Your Whitetail Domains account is
solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and
Services. You agree not to disclose your password to any third party nor to permit any third party to use your Whitetail Domains account.
You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities
or actions. You will immediately notify Whitetail Domains of any unauthorized use of your password. In registering and creating an
account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. Whitetail
Domains will have no liability for failure to deliver notices that result from inaccurate account information.
At any time and at the sole discretion of Whitetail Domains, you may be limited to the file size, bandwidth, and storage limitations
related to your account level. Whitetail Domains reserves the right , with prior written notice, to disable Users that are using excessive
bandwidth or otherwise abusing the system. Whitetail Domains has the right to change its file size, bandwidth, or storage limitations
without notice.
You acknowledge that Whitetail Domains reserves the right to charge for its Guest and Registered User Services and to change its fees
from time to time for all User types at its discretion. If and when Whitetail Domains chooses to charge a fee for Guests or Registered
Users, you will be so notified and bound to the terms herein. Failure to accept the terms of this agreement will result in the suspension
of your account. Termination of your Membership because you have breached the Agreement, shall not be entitled to any applicable refund
of any unused portion of applicable subscription fees.
This Agreement shall remain in full force and effect while you use the Services as a Guest or Registered User, or are a Member. Members
of Whitetail Domains are billed annually in advance, and in the absence of your termination of your Membership status, your Membership
will be renewed automatically each year on the anniversary date of your initial subscription date. You may terminate your Membership
at any time, for any reason, by following the instructions on the Member Registration page. Termination becomes effective at the end
of your then current annual subscription period, and Whitetail Domains is not obliged to refund any unused potion of your Membership
fees. Whitetail Domains.com may terminate your Membership at any time, without warning and without liability.
Your License To Whitetail Domains
Whitetail Domains does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User
Content to the Site, you continue to retain all ownership or license rights in your User Content and you continue to have the right
to use your User Content as you did prior to such posting. Further, Whitetail Domains will not disclose either on the Site or to any
3rd party any User data marked as “private”, nor will Whitetail Domains disclose any personal data about you, including you name,
your ranch name (if marked as private), address, and other contact information (such as email addresses) to any 3rd party.
However, by posting or making User Content available through the Site or via the Services, you hereby grant to Whitetail Domains a
nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly
display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any
part of it, solely on and through the Site and Services, including without limitation (a) adapting the format of your User Content
(for example by encoding or transcoding) for suitable display on the Site; and (b) displaying, in Whitetail Domains's sole discretion,
your public User Content in search results generated by the Whitetail Domains search engine. In addition, where you have made your
User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant
to Whitetail Domains a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works
from, and distribute your User Content as necessary to perform the Services, including without limitation any services outsourced
by Whitetail Domains. In connection with the above license, you provide your consent for Whitetail Domains personnel, including Whitetail
Domains contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering
content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Site or provide
to the Service. You represent that you either own the User Content or have the rights necessary to grant Whitetail Domains this license.
Whitetail Domains's Limited License To You
Subject to your compliance with the terms and conditions of this Agreement, Whitetail Domains grants you a non-transferable, non-sublicensable
right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content,
you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license
explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content
(except as such acts may be permitted by a separate license explicitly attached to such Content).
Restrictions
You will not do any of the following while using or accessing the Site or the Services:
- Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including
any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii)
any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice,
signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that
infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright,
trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your
User Content;
- Use any meta tags or other hidden text or metadata utilizing a Whitetail Domains name, trademark, URL or product name without Whitetail
Domains's express written consent;
- Post, upload, email or otherwise transmit, without first obtaining the permission of Whitetail Domains, any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
- Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening,
harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity
or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting
to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion
of Whitetail Domains;
- Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs
designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any
user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within
the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
- Attempt to probe, scan or test the vulnerability of any Whitetail Domains system or network or breach any security or authentication
measures;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send
altered, deceptive, or false source-identifying information;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
- Collect or store personal data about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering,
or otherwise commit fraud;
- Resell the Services, in whole or in part;
- Violate any applicable law, regulation, or ordinance; or
- Use the Site or Services in any manner not permitted by this Agreement.
Whitetail Domains does not control the Content in Registered Users and Members accounts and does not have any obligation to monitor
such Content for any purpose. However, on both free and Member accounts, and regardless of whether the Content is public or private,
Whitetail Domains may choose to monitor such Content at any time, in its sole discretion. Whitetail Domains reserves the right at
all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation
violations of this Section, or of any part of this Agreement. Whitetail Domains reserves the right at all times to disclose, in its
sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what
Whitetail Domains considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or
safety of another. For information regarding Whitetail Domains handling of your personally identifiable information, refer to the
Whitetail Domains Privacy Policy.
Age Requirements
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information
of children under the age of 13 will be knowingly collected by Whitetail Domains. If a parent or guardian becomes aware that his or
her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting
his or her age, that parent or guardian should contact us at the Contact Us page. If Whitetail Domains determines that it has collected
personal information of children under the age of 13, Whitetail Domains will immediately delete such information and any accounts
believed to be held by children under 13.
Disclaimer Of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, WHITETAIL DOMAINS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
Limitations Of Liability
You understand that Content is posted by users and that Whitetail Domains has only limited control over the Content that is made available
via the Site and Services. You understand that by using the Site and Services, you may be exposed to this Content. You acknowledge
that Whitetail Domains will not be liable for
- Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available
via the Site or Services;
- the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service
interruptions; or
- the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL WHITETAIL DOMAINS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR STRICT LIABILITY OR OTHER THEORY EVEN IF WHITETAIL DOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WHITETAIL DOMAINS' AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE
OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WHITETAIL DOMAINS. You acknowledge that Whitetail Domains has set
its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk
between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation
of liability of incidental or consequential damages, so the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Whitetail Domains 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 your access to or use of the Site or Services, or your violation of this Agreement. Whitetail
Domains reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to
defense by you, in which event you will cooperate with Whitetail Domains and its counsel, as necessary, in the conduct of such defense.
Links To 3rd Party Sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that Whitetail Domains is not responsible
or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available
from such websites or resources. Links to such websites or resources do not imply any endorsement by Whitetail Domains of such websites
or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of
Partner Sites, refer to the terms of service governing those websites.
Forum And Choice Of Law
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts
of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement
or your use of the Services will be filed only in the federal courts located in the State of Texas, or state courts located in Fort
Bend County, Texas. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose,
or be forever barred. Disputes must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in Houston, Texas.
Refund Policy
Whitetail Domains will not honor any refunds for any paid Whitetail Domains services, including without limitation Member account
payments, more than thirty (30) days after you last submitted such payment to Whitetail Domains. Should you find the need to request
a refund, please email
Customer Service or call us at 1-281-633-2334.
General
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect.
Whitetail Domains may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger,
reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of Whitetail Domains at
any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless
the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid,
you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not
to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement
between you and Whitetail Domains regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings
relating to such subject matter.
If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site, please contact Whitetail
Domains at the Contact Us page.
