Revised: April 17, 2020

Promo Hunt Terms of Service

Thank you for using Promo Hunt! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Promo Hunt. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full binding legal terms.

Summary

The Promo Hunt Terms of Service

You may agree to these Terms of Service either as an individual, or on behalf of an Organization that you represent. When you create an Account for your Organization, you represent and warrant that: (i) you are the authorized representative of the Organization for which you are creating an Account, and that you have all requisite power and authority to bind your Organization to the undertakings and obligations contained herein; (ii) your Organization is a legal entity or sole proprietorship duly organized, validly existing and in good standing in the state or territory within which it is organized; and (iii) this agreement constitutes the legal, valid, binding, and enforceable obligations of your Organization. When your Organization adds organizational Users, they must also agree to these Terms of Service before using the Service or Website.

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

1. An “Account” represents your legal relationship with Promo Hunt. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Promo Hunt. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate. A User Account can be a member of only one Organization.
2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Promo Hunt Privacy Policy, available at promohunt.com/privacy-policy) and procedures that we may publish from time to time on the Website.
3. “Beta Previews” mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
4. “Data” refers to content featured or displayed through the Website and Service, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “User Data” is Data, written or otherwise, created or uploaded by our Users. “Your Data” is Data that you create or own.
5. “Promo Hunt,” “We,” and “Us” refer to Promo Hunt, Inc., as well as our affiliates, directors, subsidiaries, contractors, officers, agents, and employees.
6. The “Service” refers to the browser extensions, Website (as defined below) applications, software, products, and services provided by Promo Hunt, including any Beta Previews.
7. The “Website” refers to Promo Hunt’s website located at PromoHunt.com, and all content, services, and products provided by Promo Hunt at or through the Website. Occasionally, websites owned by Promo Hunt may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
8. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.

B. Account Terms

Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 18 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls
• Users. Subject to these Terms, you (or, in some cases, your employer or Organization) retain control over your User Account and Your Data.
• Organizations. The “owner” of an Organization that was created under these Terms has ultimate administrative control over that Organization and the User Data within it. Within the Service, an owner can manage User access to the Organization’s data. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

   You must provide your name, a valid email address, your company’s name, and your company type in order to complete the signup process. Any other information requested, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

   We have a few simple rules for User Accounts on Promo Hunt's Service.

   • You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
   • One person or legal entity may maintain no more than one free Account
   • You must be age 18 or older. Promo Hunt does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
   • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.

4. User Account Security

   You are responsible for keeping your Account secure while you use our Service.

   • You are responsible for all content posted and activity that occurs under your Account.
   • You are responsible for maintaining the security of your Account and password. Promo Hunt cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   • You will promptly notify Promo Hunt at [email protected] if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. Additional Terms

   In some situations, third parties' terms may apply to your use of Promo Hunt. For example, you may be a member of an organization on Promo Hunt with its own terms or license agreements, or you may download an application that integrates with Promo Hunt. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Short version: Promo Hunt is a platform where promotional product enthusiasts can collaborate, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

You agree that you will not under any circumstances violate our Acceptable Use Policy.

D. User Data

Short version: You (or, in some cases, your employer or Organization) own content you submit to the services, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User Data

   You may create or submit User Data while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User Data that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Data. We are not responsible for any public display or misuse of your User Data.

2. Promo Hunt May Remove Data

   We do not pre-screen User Data, but we have the right (though not the obligation) to refuse or remove any User Data that, in our sole discretion, violates any Promo Hunt terms or policies.

3. Ownership of Data, Right to Post, and License Grants

   You (or, in some cases, your employer or Organization) retain ownership of and responsibility for Your Data. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Data you post; that you will only submit Data that you have the right to post; and that you will fully comply with any third party licenses relating to Data you post.You can create an Account using an email address that is owned by your employer or Organization. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your Account. Your employer or Organization may control and administer your account, and access and process Your Data, including the contents of your communications and files. You further agree that your use of the Service or Website may be subject to the agreements Promo Hunt has with you or your employer or Organization, and those agreements will take precedence over these Terms of Service.Because you retain ownership of and responsibility for Your Data, we need you to grant us — and other Promo Hunt Users — certain legal permissions, listed in Sections D.4 — D.6. These license grants apply to Your Data. If you upload Data that already comes with a license granting Promo Hunt the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.6. The licenses you grant to us will end when you remove Your Data from our servers, unless other Users have made copies of it.

4. License Grant to Us

   We need the legal right to do things like host Your Data, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Data, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Data is something like music or video.This license does not grant Promo Hunt the right to sell Your Data or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

   Any User Data you post publicly, including presentations, comments and reviews, may be viewed by others. By setting your Data, such as presentations, to be viewed publicly, you agree to allow others to view and copy your presentations. For example, others may make their own copies of Data from your presentations in presentations they control.If you set your pages and presentations to be viewed publicly, you grant each User of Promo Hunt a nonexclusive, worldwide license to use, display, and perform Your Data through the Promo Hunt Service and to reproduce Your Data solely on Promo Hunt as permitted through Promo Hunt's functionality. If you are uploading Data you did not create or own, you are responsible for ensuring that the Data you upload is licensed under terms that grant these permissions to other Promo Hunt Users.

6. Moral Rights

   You retain all moral rights to Your Data that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.To the extent this agreement is not enforceable by applicable law, you grant Promo Hunt the rights we need to use Your Data without attribution and to make reasonable adaptations of Your Data as necessary to render the Website and provide the Service.

7. Confidentiality

   Promo Hunt considers the contents of Your Data that you do not share publicly with all Users to be confidential to you. Subject to the rights you have granted us in these Terms of Use, and also subject to the permitted disclosures described in our Privacy Policy, Promo Hunt will use commercially reasonable efforts to protect the contents of Your Data from unauthorized use, access, or disclosure.You may choose to enable additional access to Your Data. For example, you may enable various Promo Hunt services or features that require additional rights to Your Data. These rights may vary depending on the service or feature, but Promo Hunt will continue to treat Your Data as confidential. If those services or features require rights in addition to those we need to provide the Promo Hunt Service, we will provide an explanation of those rights.

E. Copyright Infringement and DMCA Policy

We take the intellectual property rights of others seriously and require that our Users do the same. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented for Promo Hunt services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through a Promo Hunt service, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

1. A description of the copyrighted work that you claim is being infringed;
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
3. Your address, telephone number, and email address;
4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reached as follows:

By mail:
Copyright Agent
c/o Promo Hunt, Inc.
P.O. Box 351
Asheville, NC 28802
United States

By email:
[email protected]

We may, in appropriate circumstances, disable or terminate the accounts of Users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

Promo Hunt's Rights to Data

Promo Hunt and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is the intellectual property of Promo Hunt, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Promo Hunt.

G. Beta Previews

Short version: Beta Previews may not be supported or may change at any time, you may receive confidential information through those programs that must remain confidential while the program is private, and we'd love your feedback to make our Beta Previews better.

1. Subject to Change

   Beta Previews may not be supported and may be changed at any time without notice.

2. Confidentiality

   As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.

   Confidentiality Obligations.You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Promo Hunt’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a Promo Hunt-organized group discussion about a private Beta Preview feature).

   Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Promo Hunt. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Promo Hunt has been given reasonable advance written notice to object, unless prohibited by law.

3. Feedback

   We’re always trying to improve our products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that Promo Hunt will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

H. Payment

Short version: You are responsible for any fees associated with your use of Promo Hunt. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

   Most of our features are free. If you agree to purchase paid features and Service, the subscription price will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

   • We will immediately bill you when you upgrade from the free plan to any paying plan.
   • If you change from a monthly billing plan to a yearly billing plan, Promo Hunt will bill you for a full year at the next monthly billing date.
   • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

3. Billing Schedule; No Refunds

   Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
4. Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the Promo Hunt invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Promo Hunt reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at the highest interest rate allowed by law, up to a maximum of 1.0%, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Promo Hunt's net income) that are imposed or become due in connection with this Agreement.

5. Authorization

   By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Promo Hunt.

6. Responsibility for Payment

   You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Promo Hunt any charge incurred in connection with your use of the Service. If you dispute the matter, contact Promo Hunt Support at [email protected]. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

I. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

   It is your responsibility to properly cancel your Account with Promo Hunt. You can cancel your Account at any time by emailing [email protected].

2. Upon Cancellation

   We will retain and use your personally identifiable information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will delete your personally identifiable information in accordance with our commercially reasonable data retention practices and our Privacy Policy(though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled. We reserve the right to retain User Data that does not identify you or any other individual.

   We will not delete Data that you have contributed to other Users' Data or that other Users have copied from Data you post publicly.

3. Promo Hunt May Terminate

   Promo Hunt has the right to suspend or terminate your access to all or any part of the Website and Service at any time, with or without cause, with or without notice, effective immediately. Promo Hunt reserves the right to refuse service to anyone for any reason at any time.

4. Survival

   All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

J. Communications with Promo Hunt

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

   For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Promo Hunt Must Be in Writing

   Communications made through email or Promo Hunt chat features will not constitute legal notice to Promo Hunt or any of its officers, employees, agents or representatives in any situation where notice to Promo Hunt is required by contract or any law or regulation. Legal notice to Promo Hunt must be in writing to:

   Promo Hunt, Inc.
   P.O. Box 351
   Asheville, NC 28802

K. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Promo Hunt provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Promo Hunt does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

L. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your User Data;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Promo Hunt’s cumulative liability for all claims arising out of or related to these Terms of Service, or your use of the Service or Website, will not exceed Five Hundred Dollars ($500.00). If applicable law limits the application of the provisions of this Section L, Promo Hunt’s liability will be limited to the maximum extent possible.

M. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Promo Hunt from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Promo Hunt (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Promo Hunt of all liability); and (3) provides to you all reasonable assistance, at your expense.

N. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 14 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) and Service with or without notice.

O. Miscellaneous

1. Governing Law

   Except to the extent applicable law provides otherwise, this Agreement between you and Promo Hunt and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions. You and Promo Hunt agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Asheville and County of Buncombe, North Carolina.

2. Non-Assignability

   Promo Hunt may assign or delegate these Terms of Service and/or the Promo Hunt Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

   Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

   If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Promo Hunt to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

   This Agreement may only be modified by a written amendment signed by an authorized representative of Promo Hunt, or by the posting by Promo Hunt of a revised version in accordance with Section N. Changes to These Terms. This Agreement supersedes any verbal agreement or proposal between you and Promo Hunt, and any other written or verbal communications between you and Promo Hunt relating to the subject matter of these terms. Notwithstanding the foregoing, where a corporate officer of Promo Hunt has physically signed a negotiated written agreement with you or your Organization, the terms of that physically signed negotiated written agreement will take precedence over these Terms of Service in the event of any conflict of terms.

6. Publicity

   User grants Promo Hunt the right to use User’s company name and logo as a reference for marketing or promotional purposes on our Service and in other public or private communications with our existing or potential customers, subject to User’s standard trademark usage guidelines as provided to us from time-to-time.

   We don’t want to list customers who don’t want to be listed, so User may send us an email to [email protected] stating that it does not wish to be used as a reference.

7. Territorial Restriction

   At this time, the Service is only available within North America. Accordingly, by accepting this Agreement and using the Service, you hereby represent and warrant that you are a resident of a sovereign state or dependent territory within North America, and that your use of the Service and Sites will occur only within North America. If you relocate your lawful residence outside North America, you must cancel your account by emailing [email protected] and requesting that your account is canceled. Any information you provided to us prior to canceling your account will be retained and managed in accordance with Promo Hunt’s Privacy Policy.

8. Questions

   Questions about the Terms of Service? Contact us.