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Participating Taxidermist Agreement
Last updated: July 18, 2009.
Welcome to the MyDreamHunts.com™ site (the “Site”) and our marketing services (the “Services”). MyDreamHunts.com™ is owned and operated by Dream Hunts, LLC. Any Taxidermist that offers taxidermy services and who wants to access the Site and use the Services to offer discounted services in an effort to gain marketing exposure to prospective taxidermy clients must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES AS A PARTICIPATING TAXIDERMIST, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATING TAXIDERMIST AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED HEREIN BY REFERENCE.
1. Eligibility. Use of the Site and Services is limited to those Taxidermists in North America offering taxidermy services that are willing to make available a fifteen percent (15%) discount to all MyDreamHunts.com™’s members on all of the Participating Taxidermist’s taxidermy services. To register, the Participating Taxidermist must complete all of the information found in the online Participating Taxidermist Registration Form that is indicated as “required” information. If all of the “required” information on that form is not completed, your registration as a Participating Taxidermist will not be accepted. The person registering on behalf of the Participating Taxidermist represents that he or she has all requisite right, power and authority to enter into this Participation Agreement and perform the Participating Taxidermist’s obligations hereunder.
2. MyDreamHunts.com™’s Role. MyDreamHunts.com™ provides a platform for Taxidermists offering taxidermy services to market their taxidermy services to the general public and MyDreamHunts.com™’s members by making available to all MyDreamHunts.com™’s members a fifteen percent (15%) discount on all of the Participating Taxidermist’s taxidermy services.
In exchange for the Participating Taxidermist agreeing to provide a fifteen percent (15%) discount to all MyDreamHunts.com™’s members on all of the Participating Taxidermist’s taxidermy services, MyDreamHunts.com™ will provide the Participating Taxidermist a vehicle for marketing exposure to the members and the Participating Taxidermist will become a member of MyDreamHunts.com™ with no charge for monthly dues for the first year. This membership will entitle the Participating Taxidermist all of the benefits of a MyDreamHunts.com™’s member including the chance to win our “Daily Hunt Give-Away” plus participate in other contests and Hunt Give-Aways, subject to various eligibility and other restrictions that may be established by MyDreamHunts.com™ and set forth in the applicable contest or give away official rules posted on the Site.
3. MyDreamHunts.com™ Discount Services. IN ORDER TO OBTAIN MARKETING EXPOSURE FOR YOUR TAXIDERMY SERVICES ON MyDreamHunts.com™, YOU MUST REGISTER AS A PARTICIPATING TAXIDERMIST WITH MyDreamHunts.com™ AND AGREE TO THE FOLLOWING PROVISIONS OF SERVICE (the “Provisions of Service”).
a. The Participating Taxidermist must agree to provide a fifteen percent (15%) discount to all MyDreamHunts.com™’s members on all of the Participating Taxidermist’s taxidermy services.
b. When a MyDreamHunts.com™’s member elects to take advantage of the 15% discount on taxidermy services, the Participating Taxidermist agrees to work in a timely manner with the member to schedule the taxidermy services.
c. If, at any time, MyDreamHunts.com™ reasonably concludes, based on information available, that the Participating Taxidermist’s actions and/or performance in connection with the 15% discount on taxidermy services may result in a dispute, hidden charges, failure to provide the taxidermy services or other claims by MyDreamHunts.com™’s members or if , at any time, the Participating Taxidermist’s actions and/or performance in connection with the 15% discount on taxidermy services by such Participating Taxidermist actually results in a dispute, hidden charges, failure to provide the taxidermy services or other claims by MyDreamHunts.com™’s members, then MyDreamHunts.com™ may, in its sole discretion, elect to terminate this Participation Agreement with such Participating Taxidermist. In the event of such termination, the Participating Taxidermist will no longer be eligible to be featured or have a presence on MyDreamHunts.com™.
d. MyDreamHunts.com™ may refuse or reject the registration of any Taxidermist for any reason deemed reasonable in MyDreamHunts.com™’s sole discretion.
e. Participating Taxidermists may terminate his/her/its participation as a MyDreamHunts.com™ Participating Taxidermist at any time by informing MyDreamHunts.com™ using the standard method then-currently provided by MyDreamHunts.com™ for such termination. In the event of such termination, the Participating Taxidermist will no longer be eligible to be featured or have a presence on MyDreamHunts.com™.
4. MyDreamHunts.com™’s Reservation of Rights. MyDreamHunts.com™ retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Participating Taxidermist not to list, any or all services in our sole discretion. MyDreamHunts.com™ may in our sole discretion withhold for investigation, refuse to process, stop and/or cancel any of Participating Taxidermist transactions on the Site. Participating Taxidermist agrees to stop and/or cancel the offer of any of Participating Taxidermist’s services on the Site if MyDreamHunts.com™ asks Participating Taxidermist to do so.
Dream Hunts, LLC, operating and doing business as “MyDreamHunts.com™” (hereinafter referred to as “MyDreamHunts.com™”) reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notices of changes to this Participation Agreement will be posted on the Site for thirty (30) days. Participating Taxidermist is responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. PARTICIPATING TAXIDERMIST’S CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MyDreamHunts.com™’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF PARTICIPATING TAXIDERMIST DOES NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
5. Participating Taxidermist’s Obligation. By entering into this Participation Agreement, Participating Taxidermist agrees to make available a fifteen percent (15%) discount to all MyDreamHunts.com’s members on all of the Participating Taxidermist’s taxidermy services. Participating Taxidermist acknowledges that by not fulfilling these obligations, Participating Taxidermist’s action or inaction may be legally actionable. Participating Taxidermist agrees to treat the MyDreamHunts.com’s member that contacts the Participating Taxidermist to perform taxidermy services at a 15% discount in the same manner and in the same priority as any of Participating Taxidermist’s paying customers. Those Participating Taxidermists who register and agree to make a 15% discount available to all MyDreamHunts.com’s members before the Official Launch Date (July 18, 2009) of the MyDreamHunts.com® website became “Founding Participating Taxidermists,” will be individually recognized as exclusively as “Founding Participating Taxidermists” on the MyDreamHunts.com website and are eligible for any promotions and contests offered exclusively to “Founding Participating Taxidermists”.
6. Password Security. Participating Taxidermist’s password may be used only to access the Site, use the Services, post information and information on existing or new taxidermy services to be made available to MyDreamHunts.com™ members and make updates to Participating Taxidermist’s information already posted on the Site. Participating Taxidermist is solely responsible for maintaining the security of Participating Taxidermist password. Participating Taxidermist may not disclose Participating Taxidermist password to any third party (other than third parties authorized by Participating Taxidermist to use Participating Taxidermist’s account) and are solely responsible for any use of or action taken under Participating Taxidermist’s password on this Site. If Participating Taxidermist password is compromised, Participating Taxidermist must change its password.
7. Privacy. Read the MyDreamHunts.com™ Privacy Policy. The Privacy Policy may be changed by MyDreamHunts.com™ in the future. Participating Taxidermist should check the Privacy Policy frequently for changes. MyDreamHunts.com™ and its affiliates may communicate with Participating Taxidermist in connection with Participating Taxidermist listings, sales, discounts and the Services, electronically and in other media, and Participating Taxidermist consents to such communications regardless of any preferences noted in your Accounts Page that Participating Taxidermist may have indicated on the Site or by any other means. When Participating Taxidermist use the Services, some personally identifiable information about Participating Taxidermist, including Participating Taxidermist feedback and the e-mail address associated with Participating Taxidermist account, may be displayed on the Site, may be used directly or indirectly for marketing outdoor related products or services by MyDreamHunts.com™’s sponsors or outdoor product suppliers and may be viewed by MyDreamHunts.com™’s members.
8. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MyDreamHunts.com™ RESERVES THE RIGHT TO REVISE THE SITE AT ANY TIME IN ITS SOLE DISCRETION. MyDreamHunts.com™ MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET PARTICIPATING TAXIDERMIST’S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PARTICIPATING TAXIDERMISTS, AVAILABLE FOR SALE AT ANY, LAWFUL TO SELL, OR THAT PARTICIPATING TAXIDERMIST OR MyDreamHunts.com™’S MEMBERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MyDreamHunts.com™. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MyDreamHunts.com™ DISCLAIMS ANY AND ALL SUCH WARRANTIES.
9. General Release. BECAUSE MyDreamHunts.com™ ONLY FACILITATES PARTICIPATING TAXIDERMISTS’ DISPLAY OF DISCOUNT TAXIDERMY SERVICES ON MyDreamHunts.com™, IF A DISPUTE ARISES BETWEEN A MyDreamHunts.com™ MEMBER AND PARTICIPATING TAXIDERMIST RELATED TO PARTICIPATING TAXIDERMIST’S DISCOUNT SERVICES, PARTICIPATING TAXIDERMIST AGREES TO RELEASE MyDreamHunts.com™ (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
10. Indemnity/Limitation of Liability.
a. Indemnity and Defense. Participating Taxidermist will defend, indemnify and hold harmless MyDreamHunts.com™ and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of Participating Taxidermist’s representations, warranties, or obligations set forth in this Participation Agreement; (ii) Participating Taxidermist’s own website or other sales channels, the services Participating Taxidermist sells, any content Participating Taxidermist provided, the advertisement, offer, sale or refund of any services Participating Taxidermist sells or any actual or alleged infringement of any intellectual property or proprietary rights by any services Participating Taxidermist sells or content Participating Taxidermist provided or (iii) any services provided or to be provided by Participating Taxidermist. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity in connection with any advertisement, offer or sale of services by Participating Taxidermist on or through the Site, or otherwise in connection with any action, inaction or omission of Participating Taxidermist or any of affiliate of Participating Taxidermist, or any of Participating Taxidermist’s or their respective employees, agents, contractors or representatives.
b. Limitation of Liability. MyDreamHunts.com™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY SERVICES PROVIDED BY PARTICIPATING TAXIDERMIST ON MyDreamHunts.com™.
11. Applicable Law. The laws of the state of Colorado govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with MyDreamHunts.com™ or its affiliates relating in any way to these terms and conditions or Participating Taxidermist’s use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in 4th Judicial District Court in Teller County, Colorado, and Participating Taxidermist consents to exclusive jurisdiction and venue in such courts.
12. Not an Agent; Discount Services Status. Because MyDreamHunts.com™ is not the agent of the Participating Taxidermist, MyDreamHunts.com™ will not act as Participating Taxidermist’s agent related to Participating Taxidermist’s business. The services that the Participating Taxidermist is willing to offer to MyDreamHunts.com™’s members at a discount is not being given to MyDreamHunts.com™. The Participating Taxidermist is simply making the taxidermy services available at a discount and is allowing MyDreamHunts.com™ to display information about the Participating Taxidermist’s services.
13. Participating Taxidermist’s Grant. By entering into this Participation Agreement and agreeing to provide MyDreamHunts.com™’s members with the above specified discounts, Participating Taxidermist grant MyDreamHunts.com™ a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content Participating Taxidermist submits to MyDreamHunts.com™ and its affiliates; provided, however, that MyDreamHunts.com™ will not alter any of Participating Taxidermist’s trademarks (i.e., trademarks of Participating Taxidermist that are provided to MyDreamHunts.com™ in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by Participating Taxidermist (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Participating Taxidermist removal requests as to specific uses of Participating Taxidermist trademarks (provided Participating Taxidermist are unable to do so using standard functionality made available to Participating Taxidermist via the Site or Services); provided further, however, that nothing in this Participation Agreement will prevent or impair MyDreamHunts.com™’s right to use, without Participating Taxidermist’s consent, the content and any other materials provided by Participating Taxidermist, to the extent that such use is allowable without a license from Participating Taxidermist or Participating Taxidermist’s affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). Participating Taxidermist represents and warrants that Participating Taxidermist owns or otherwise controls all of the rights to the content Participating Taxidermist submits to MyDreamHunts.com™ and its affiliates, and that the use of such materials by MyDreamHunts.com™ and its affiliates will not infringe upon or violate the rights of any third party.
14. Termination. As also referenced in Paragraph 3.e and 3.f above, MyDreamHunts.com™ may, in its sole discretion, terminate this Participation Agreement, access to the Site or the Services without notice for any reason.
15. General Provisions.
a. Entire Agreement. This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. MyDreamHunts.com™ is not the agent, fiduciary, trustee, or other representative of Participating Taxidermist. Nothing expressed or mentioned in or implied from this Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of MyDreamHunts.com™, Participating Taxidermist, and MyDreamHunts.com™’s members.
c. Severability. If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver. MyDreamHunts.com™ will not be considered to have waived any of its rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by MyDreamHunts.com™ in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. MyDreamHunts.com™’s failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of MyDreamHunts.com™’s right to subsequently enforce such provision or any other provisions of this Participation Agreement.
