TERMS OF USE
The following terms and conditions govern your access and use of the content
streaming services provided by Enough Gun Productions LLC. (the “Services”) via
www.enough-gun.com ( the “Platform”) to all subscription users and your access to our
licensed content (the “Platform Content”). These Terms of Use includes our Privacy
Policy, and all other rules, policies or usage provisions specified on any help, service or
information page on the Platform. These Terms of Use apply to you and all subscription
users.
Please read the Subscription Terms, Conditions of Use and Privacy Policy before
subscribing to the Services. By subscribing to the Services, you expressly agree to the
Terms of Use. You should review these Terms of Use regularly as they may change at
any time at our sole discretion. If you do not agree to any term or condition, you should
not subscribe or otherwise access or use our sites.
Each time you visit, browse, or use www.enough-gun.com, you accept this
Agreement on behalf of yourself and all members of your household and others who
use the Services under your account.
General Terms & Conditions
Overview. A subscription entitles a subscriber to stream and view unlimited
Platform Content on up to five separate IP addresses, such as a smart TV, laptop,
tablet, computer or smart phone for the subscription period. One month and one-year
subscriptions commence with the date of purchase and shall renew automatically
unless you opt out prior to the beginning of a new month or year. A cancellation during a
subscription period will be processed at the first of the next billing period (i.e., a
subscription remains valid until the start of the next billing period).
Definitions.
“Services” means the personalized content streaming service that offers on-line
movies, television shows and other content related to Africann big game hunting,
African hunting safaris, appropriate firearms and related subjects, provided by Enough
Gun Productions LLC. via the Platform.
“Platform” means www.enough-gun.com and its related and linked hosting
platforms and applets.
“Platform Content” means the content, including videos, audio, images, text,
graphics, animations, multimedia and materials, regardless of form or format, owned by,
licensed to and/or under the control of Enough Gun Productions LLC. and available to
be viewed and streamed to Subscribers through the Platform.
Conditions of Use
Scope of Service. The Services are accessed and provided via the Platform on
a paid subscription basis, which entitles you to: a) view Platform Content directly on the
Platform; b) search for available Platform Content; and c) access the full subscriber
features of the Platform.
Age Restriction. If you are under 16 years of age, or the age of majority in your
location, you may use the Services only with consent of a parent or guardian.
Shared Subscription. You will not share your login and password to any other
persons or third-party.
Subscription Viewers. You may allow other persons to view content on your
devices, subject to acceptance of liability for any viewing in public places.
No Content Warranty. We are not responsible for the veracity of information
contained in content provided by our third-party producers.
Decorum. When in public, such as on an airplane, you agree to view all content
in a discreet manner cognizant that graphic hunting may be offensive to some persons
and you agree with Enough Gun Productions LLC that it is undesirable to antagonize
those who may find big game hunting objectionable.
Exposure Liability. You are solely responsible for any liability resulting from
such exposure of the Platform and content in public.
Comments and Posts. You are not authorized to post on or transmit to or from
our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other content that could give
rise to any civil or criminal liability under the law. IF YOU TRANSMIT OR PROVIDE
COMMENTS TO US, IT IS NON-CONFIDENTIAL OR PROPRIETARY. We do not want
to receive confidential or proprietary information from you through our Platform. If you
transmit to or post on our Platform any comments, material, data, information, or ideas
of any kind or manner, it will be treated as non-confidential and non-proprietary and may
be disseminated or used by us for any purpose.
Access Laws. YOU MUST OBEY LOCAL LAWS IN ACCESSING OUR
PLATFORM. Our Platform is controlled by us from our offices within the United States
of America. We make no representation that content or materials, including the Platform
Content on our Platform are appropriate or available for use in other jurisdictions.
Access to our Platform from jurisdictions where such access is illegal is prohibited. If
you choose to access our Platform from other jurisdictions, you do so on your own
initiative and are solely responsible for compliance with all applicable local laws. Any
claims relating to our Platform or the Platform Content shall be governed by the laws of
the State of Nevada in the United States of America without giving effect to any
principles of conflicts of laws. You agree that any legal action or proceeding between us
for any purpose concerning this Agreement or the parties&obligations shall be brought
exclusively in a federal or state court in the state of Nevada.
Subscriptions
Subscriptions. Our Services are provided exclusively to you on a monthly or
annual subscription fee basis.
Promotional Trials. We sometimes offer eligible customers various trial or other
promotional subscriptions, which are subject to the Terms of Use except as otherwise
stated in the promotional offers. We reserve the right, in our sole discretion, to
determine your eligibility. Trial subscriptions may at any time (through Your Account)
choose not to continue to a paid subscription at the end of the trial period.
Subscription Account. When you sign up for your subscription online through
the Platform, we will establish a subscription account exclusively for you. You will
provide your own username and password.
Payment Method. You will provide credit card payment information from which
your Subscription Fee will be drawn.
Account Information. We will hold your Account information in strict confidence
and in accordance with our Privacy Notice.
Subscription Users. You agree that a purchased subscription is for the your
unique and individual use, including any guest viewers you might invite to watch with
you, on up to five unique IP addresses. You agree not to share your login and password
with any other persons or third-party.
Payment Timing & Processing. If you purchase a subscription or start a free
trial for a subscription, your subscription will automatically continue, and you authorize
us (without further notice, unless required by applicable law) to collect the then-
applicable periodic Subscription Fee including any taxes, using any payment method we
have on file for you. If we are unable to process your payment using your designated
payment method, we reserve the right to charge any payment method we have on file
for you.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO
CANCEL OR DO NOT WANT TO AUTOMATICALLY RENEW, YOU UNDERSTAND
THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU
AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY
APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC
SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD
WE HAVE ON FILE FOR YOU.
If all payment methods we have on file for you are declined for payment of your
subscription fee, your subscription will be cancelled unless you provide us with a new
payment method. If you provide us with a new payment method and are successfully
charged before your subscription is cancelled, your new subscription period will be
based on the original billing date and not the date of the successful charge. You can
use Your Account settings to update your designated payment method(s).
If you signed up for your subscription or membership through a third party and
are not billed directly by us, then the billing terms provided by the third party will apply to
your subscription or membership.
Fee Changes. We reserve the right to amend and change the Subscription Fees.
We will notify you by email of any such changes and the date such changes will take
effect. You may reject the Subscription Fee changes only by cancelling your
subscription. Your consent to the Subscription Fee change will be deemed to have been
given if you do not cancel your subscription within 30 days after receipt of the notice of
the Subscription Fee change.
Cancellation. You may cancel your Subscription at any time by visiting your
Subscription Account Setting on the Platform and following the on-line instruction.
Termination. We may cancel your Subscription and terminate your access to the
Platform without notice or refund of any Subscription Fees for any violation of these
Terms of User as determined in our sole discretion (except as may be required by applicable law).
Disputes/Conditions of Use. Any dispute or claim arising from or relating to the
Service, the Platform or the Platform Content is subject to the governing law, disclaimer
of warranties and limitation of liability, dispute resolution and class action waiver (if
applicable), and all other terms set forth in these Terms of Use. You agree to these
Terms of Use on behalf of yourself and all members of your household and others who
use the Service under your Account by using the Service. YOU MAY ALSO BE
ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS
OF YOUR LOCAL JURISDICTION.
Content
Explicit Content. By using the Services, you will encounter Platform Content of
African safari hunting and big game shooting that may be offensive or objectionable;
such content may or may not be identified as having profane language or other
offensive attributes. Nevertheless, you agree to use the Services at your sole risk, and
we have no liability to you for any content you may find objectionable.
Content & Streaming Quality. The playback resolution and quality of the
Platform Content you receive will depend on several factors, most significanty that of
the vintage filming or recordings which can be in lower resolution than more current
productions. Degradation of resolution may also include the type of Compatible Device
on which you are accessing the Platform Content and your bandwidth, which may
increase or decrease over the course of your viewing. If we detect that Platform Content
we are streaming to you may be interrupted or may otherwise not play properly due to
bandwidth constraints or other factors, we may decrease the resolution and file size of
the streamed Platform Content in an effort to provide an uninterrupted viewing
experience. While we strive to provide you a high-quality viewing experience, we make
no guarantee as to the resolution or quality of the Platform Content you will receive
when streaming, even if you have paid extra for access to high definition, ultra-high
definition, or high-dynamic-range content.
Third Party Links. WE DO NOT HAVE RESPONSIBILITY FOR LINKS TO
THIRD PARTY CONTENT. We may provide hyperlinks or pointers to other websites
maintained by third parties or may provide third-party content on our Website by framing
or other methods. The links to any third-party web sites are provided for your
convenience and information only. The content in any linked websites is not under our
control so we are not responsible for the content, including any further links to a third-
party site. If you decide to access any of the third-party sites linked to our web site, you
do this entirely at your own risk. It is up to you to take precautions to ensure that the
third party you link to for your use is free of computer viruses, worms, Trojan horses,
and other items of a destructive nature.
No Endorsement. IF WE PROVIDE A LINK, WE DO NOT NECESSARILY
ENDORSE A THIRD PARTY. We reserve the right to terminate a link to a third-party
Website at any time. The fact that we provide a link to a third-party Website does not
mean that we endorse, authorize or sponsor that Web site. It also does not mean that
we are affiliated with the third-party Web site’s owners or sponsors. IF A THIRD-PARTY LINKS TO OUR WEB SITE, IT IS NOT AN ENDORSEMENT. If a third-party links to our
Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.
Content Descriptions. Platform Content may be identified and organized by title, description, type, genres or category on the Platform, which are provided for convenience. We make no representation or guarantee as to the accuracy and completeness of any such title, description, type, genre or category.
Analytic Information. We may generate, derive, receive and collect information about your viewing and streaming behavior on our Platform for purposes of audience measurement and market research. Any information we receive and collect is subject to our Privacy Notice. We may provide certain information regarding your subscription status and your viewing and streaming history to our content producers and advertisers. We will provide this information in a manner that is not identifiable to you (unless you authorize sharing identifiable information with specific content producers).
Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, and you hereby consent to receive those communications (unless you are a customer in the UK, European Union, Turkey or Brazil, in which case you separately decide whether you wish to receive these communications). This communication will be in accordance with our Privacy Notice.
Systems & Devices
Content Host. The Services and Platform Content provided or streamed by us are hosted primarily by Vimeo, but may change from time to time, with or without prior notice (unless required by applicable law) to you.
Availability of Platform Content. During your subscription, Platform Content will generally be available for you to stream and view but may become unavailable due to potential content provider licensing restrictions or for other reasons, and we will not be liable to you if any Platform Content becomes unavailable for further view or streaming. Compatible Devices. To access, stream or view Platform Content, you will need to use a personal computer, portable media player, or other device that meets the
system and compatibility requirements that we establish from time to time (a "Compatible Device").
Devices Limitations. Some Compatible Devices may be used only to stream Platform Content, some may be used only to download Platform Content, and some may be used to stream and download Platform Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, Compatible Devices at one time may cease to be Compatible Devices in the future. The entity that provides you the video mobile app may be different than the entity that provides you the Service.
Geographic Variability. Due to technical and other restrictions imposed by content providers and hosts, the Service is available only in certain locations. The Platform Content (including subtitled and dubbed audio versions of Platform Content) and how we offer Platform Content to you will vary over time and by location. We will use technologies to verify your geographic location. You may not use any technology or
technique to obscure or disguise your location.
Updates and Modifications. We may modify the Service (including any subscription) and Platform, from time to time to a) add or remove Platform Content b) improve existing, or add new, functionality and/or feature c) improve or maintain the user experience d) for operational or technical reasons e) to support maintaining quality and quantity of Platform Content or f) for legal or security reasons. If you are located in the EU or the UK (or if otherwise required by applicable law) and such changes materially and adversely impact the usability of the Services (“Material Changes”) a) we will notify you via email or other electronic communication regarding the scope, time and reason for the Material Change at least 30 days before
they take effect and b) you may also cancel the Service at any time within 30 days after the Material Changes take effect, and we will give you, if applicable, a prorated refund of any fees paid for the billing period of your membership.
Suspension or Discontinuation. We reserve the right to suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law or set out above), and Amazon will not be liable to you should it exercise such rights, even if your ability to use Platform Content is
impacted by the change.
Intellectual Property
Intellectual Property. All intellectual property rights in the Platform and the Platform Content are owned and/or licensed for control by us. The Platform and Platform Content is protected under United States and international Copyright law and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. In addition, you may not “mirror” any material or content
embodied in the Platform on any other server or device.
Trademarks. ENOUGH GUN PRODUCTIONS ™ is protected under domestic
and foreign trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. Nothing on the Platform or related to the Services grants you,
by implication, estoppel, or otherwise, any license or right to use any of our trademarks
without our written permission.
Warrants, Liabilities & Disclaimers
Representations & Warranties. We do not represent or warrant that 1) the
accuracy of any Platform Content or that such content is up-to-date or current, free from
technical inaccuracies or typographical errors or 2) your access to the Platform will be
free from interruptions, errors, computer viruses or other harmful components.
Disclaimer. We provide the Platform and the Platform Content “as is” and
without warranties of any kind, either expressed or implied. We disclaim all warranties,
express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose with regard to the Service, the Platform and the
Platform Content.
No Liability. We assume no liability for these matters. You use the Platform at
your own risk. Under no circumstances, including, but not limited to, negligence, shall
we be liable for any direct or indirect, special, incidental or consequential damages. If
your access or use of our Platform results in your need to service, repair or correct
equipment or data, you assume the costs to the extent the law allows. Some
jurisdictions do not allow the exclusion or limitation of liability for consequential or
incidental damages. In such jurisdictions, our liability is limited to the greatest extent
permitted by law.
Indemnification. YOU AGREE TO INDEMNIFY US FOR USING OUR
PLATFORM AND SERVICES. You agree to indemnify, defend and hold harmless
Enough Gun Productions LLC., its officers, directors, employees, agents, licensors,
suppliers and any third-party information providers to us from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any
violation of the Terms of Use by you.
Third Party Rights. THIRD PARTIES MAY HAVE RIGHTS UNDER THIS
AGREEMENT. Some of the provisions of this Agreement are for the benefit of Enough
Gun Productions LLC. and its officers, directors, employees, agents, licensors, and
suppliers. Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
No Waiver. Our failure to insist upon or enforce strict performance of any
provision of these Terms of Use shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. We may assign our rights and duties under this
Agreement to any party at any time without notice to you.
General
Changes to Terms of Use. We reserve the right to make changes to these
Terms of Use for legal or regulatory reasons; for security reasons; to enhance existing
features or add additional features to the Service; to reflect advancements in
technology; to make reasonable technical adjustments to the Service; and to ensure the
ongoing operability of the Service and Platform at any time by posting the revised terms
in connection with the Service. YOU ARE BOUND BY CHANGES IN THIS AGREEMENT&TERMS AND
CONDITIONS. We may at any time revise these terms and conditions by updating this
posting. By using the Services and accessing the Platform, you agree to be bound by
any such revisions and should therefore periodically visit this page to determine the
then current Terms of Use to which you are bound.
Severability. If any term or condition of this Agreement is deemed invalid, void,
or for any reason unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining term or condition.
Your legal rights. We have a legal duty to supply the Services and Platform
Content in conformity with this Agreement. If there is a problem with the Service or any Platform Content, the laws of your country may give you additional rights and remedies. Such laws apply in addition to your rights under these Terms of Use. Thank you and good hunting.
Extra Stuff
Scope of Service. Other Stuff:
(ii) rent Platform Content for on-demand viewing over a limited
period of time ("Rental Platform Content"),
(iii) purchase Platform Content for on-demand viewing over an
indefinite period of time ("Purchased Platform Content"),
(iv) purchase Platform Content for pay-per-view viewing over a
limited period of time ("PPV Platform Content"), and/or
(v) access Platform Content on a free, ad-supported or promotional
basis for viewing over a limited period of time ("Free Platform Content").
Platform Content may be available as Subscription Platform Content,
Rental Platform Content, Purchased Platform Content, PPV Platform
Content, Free Platform Content, or any combination of those, and in each
case is subject to the limited license grant below.
Optional
Third-Party Links. A web site that links to our Web site: a) may link to, but not
replicate, our content; b) should not create a browser, border environment or frame of
our content; c) should not imply that we are endorsing it or its products; d) should not
misrepresent its relationship with us; e) should not present false information about our
products or services; and f) should not contain content that could be construed as
distasteful, offensive, or controversial, and should contain only content that is
appropriate for all age groups.