These Terms of Service (“TOS”) govern the access to, and use of, the mobile application created by Drury Marketing, Inc. (“DMI” or “Us” or “We”) and known as DeerCast (“App”) by the end user (“You”).
WHAT THE APP DOES. The App provides information with regard to the likely movement of deer under various circumstances depending on your general location and the weather conditions at that location. In order to be effective, the App is required to obtain location information to determine the time and weather conditions to predict deer movements in your area. The App is designed for use in locations where whitetail deer are native.
Agreement.
By downloading and using the App, you agree to be bound by these TOS, as amended from time to time, as well as DMI’s Privacy Policy, as amended from time to time. If You no longer want to be bound by these TOS and/or the Privacy Policy, You can uninstall the App.
General Rules Relating to Conduct.
The App is made available for your use but shall not be used for any illegal or unauthorized purpose. When You use the App, you agree to comply with all state, federal and local laws and ordinances (“Applicable Law”).
In addition to complying with Applicable Laws, You also agree, while using the App, not to:
- Use the App in an unlawful or unauthorized manner which promotes or encourages illegal activity; or
- Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
- Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by the TOS or by law; or
- Rely on the App for compliance with any and all gaming laws. Specifically, You acknowledge and agree that the time and location information contained in the App may not be exact and You will not rely on such information in complying with any Applicable Law.
- Harass, intimidate or bully other users of the App.
Content.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Content”) is owned by or licensed to DMI, its affiliates or third parties. All rights are reserved.
The trademarks, service marks and logos (“Trade Marks”) contained on or in the App are owned by DMI or its affiliates. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of DMI.
DISCLAIMER/LIABILITY.
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS WITH NO REFUNDS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: YOU RELEASE AND HOLD DMI AND ITS THIRD PARTY SUPPLIERS HARMLESS FROM: (A) ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR FAULT OF DMI), OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION AS TO THE ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE AND THE IMPLIED WARRANTY OF NON-INFRINGEMENT, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN DMI AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, YOU RELEASE AND HOLD DMI AND ITS THIRD PARTY SUPPLIERS HARMLESS FROM ANY DAMAGES, INJURIES OR HARM, ARISING IN ANY MANNER AS THE RESULT OF ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO YOU OR YOUR EQUIPMENT AS A RESULT OF YOUR USE OF THE APP.
Advertisers in App.
DMI is not responsible for any advertisements within the App. If You agree to purchase goods and/or services from any third party who advertises in the App, You do so at your own risk. The advertiser, not DMI, is responsible for such goods and/or services and if You have any questions or complaints in relation to such goods and/or services, your only recourse is against the advertiser.
Competitions.
If you take part in any competition which is run in, or through, the App (“Competition”), You agree to be bound by the rules of that competition and any other rules specified by DMI from time to time (“Competition Rules”) and by the decisions of DMI, which are final in all matters relating to the Competition and the Competition Rules. DMI reserves the right to disqualify any entrant and/or winner in its sole and absolute discretion without notice in accordance with the Competition Rules.
Tiered Service.
The app is free to use but also comes with certain subscription services for the DC Elite, Elite+, and Unlimited versions. The services provided in the Elite, Elite+, and Unlimited versions are set forth in Exhibit A attached hereto and incorporated herein.
- Pro rated charges.
Users that upgrade from one paid subscription level to a higher level during the subscription year will be provided a pro-rated refund for the term of the subscription that is not used and charged for the new subscription as of the date the change is made. For example, if a user subscribed to Elite and, after 6 months decided to upgrade to Elite+, the user would be refunded 50% of the Elite purchase price as of the change and then charged the full amount for the Elite+ version. The new Elite+ subscription would start on the date of the change. Various ecommerce platforms handle this differently, so users should refer to their respective app store for more details.
Right to Terminate User.
DMI retains the right to terminate any user of the Services in its sole and absolute discretion if a user violates any of the terms of service herein. No pro rata refunds shall be paid to a user under such circumstances.
Intellectual Property.
You agree that the Service, including but not limited to the Service’s graphics, user interface, photographs, audio clips, video clips, journal content, maps, news feed, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by DMI and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this TOS. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these TOS. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized manner whatsoever, including, but not limited to, trespass or burdening network capacity.
Your Content.
Ownership. You retain all rights and ownership in all photos, files, audio clips, video clips, narrative text and all other information that you submit for public display within the App (hereafter “Content”). DMI does not claim any ownership rights in your Content.
License to Your Content. Although DMI does not claim any ownership interest in your Content, DMI does need certain licenses to your Content in order to operate and enable the Services. When you upload or submit your Content to our Services, you grant DMI (and our parents and affiliates) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better displaying your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for operating, marketing, promoting, and improving the Services.
Entire Agreement.
These Terms (as amended from time to time) constitute the entire agreement between You and DMI concerning Your use of the App.
DMI reserves the right to update, modify and/or amend these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms shall be available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of DMI.
Governing Law.
These Terms shall be governed by and construed in accordance with Missouri law without regard for its conflict of laws provisions.
Severability.
If any of the provision contained herein is determined, by a Court of competent jurisdiction, to be invalid or unenforceable, then such provision (s) shall be construed, as nearly as possible to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Waiver.
DMI’s failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DMI in writing.
JURY TRIAL WAIVER.
YOU AND DMI HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY CLAIM THAT MAY ARISE, IN ANY MANNER, OUT OF THESE TERMS OR YOUR USE OF THE APP.
Venue and Forum.
You and DMI agree that any dispute arising out of these TOS or your use of the App shall be brought either in the United States District Court for the Eastern District of Missouri or in the Circuit Court of Dallas County, Texas. You and DMI both irrevocably consent to venue and personal jurisdiction in such courts.
Assignment.
You may not assign any of your rights under these TOS, and any attempt to do so will be null and void. DMI may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest.
Contact Us.
If you have questions or concerns about the App or its use, You may contact us at support@deercast.com.
