Updated: October 23th, 2025.
These Terms of Service Agreement (“Agreement” or “Terms”) applies to your (“Customer”) purchase and use of the Services (as defined below) from Wildlife Networks, LLC, a Texas limited liability company (“WLN”), effective as of the date of Customer’s acceptance of these terms. The parties to this agreement may be referred to as a “Party” or collectively as “Parties.”
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS A LIMITATION OF LIABILITY AND RELEASE OF CLAIMS AGAINST COMPANY AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS.
- Services. WLN operates a global Over-The-Top platform offering digital international hunting-related content through smart TVs, Mobile devices, computers, and tablets (the”Platform”). WLN shall provide Customer with access to the Platform (the “Services”), in whole or in part, subject to and depending on the Customer’s orders and agreement to these Terms.
- Fees. Customer agrees to pay for the Services that Customer orders at the price and terms quoted to you either on WLN’s website, software application, the Platform, or by other means. WLN reserves the right to change its prices and fees at any time, and such changes will be posted online on the website or otherwise communicated to you and shall be effective immediately upon no further notice to you. If any amount owing by Customer is overdue, WLN may, without limiting its other rights and remedies, suspend Customer’s access to the Services until such amounts are paid in full.
- Customer Personal Information.
- WLN’s Privacy Policy may be accessed at [insert link].
- Notwithstanding anything to the contrary in this Agreement or the Privacy Policy, Customer hereby authorizes WLN to: (i) Anonymize (as defined below) Customer Data; and (ii) use such Anonymized Customer Data for any legal business purpose, including for distribution to third parties. “Anonymize” means, for any data set, removal of Personal Information and any information reasonably likely to identify a company or other business entity, and aggregation of the anonymized data set with other data, each in a manner such that the Personal Information and such information cannot be restored, deduced or derived.
- The Platform.
- License of Platform. Subject to the terms and conditions of this Agreement, WLN grants to Customer a non-exclusive and non-transferable license to the Platform during the Term.
- Ownership of Platform. The Platform, including any amendments or modifications thereto, licensed to Customer pursuant to this Agreement shall be the sole and exclusive property of WLN. Customer shall not: (i) create derivate works based on the Platform or copy any features, functions or graphics of the Platform, (ii) copy any part or content of the Platform (iii) reverse-engineer the Platform, or (iv) access the Platform in order to (a) build a competitive product or software, or (b) copy any features, functions or graphics of the Platform.
- Platform Use and Restrictions. Customer hereby agrees:
- Not to use the Platform infringe or violate the trademarks, copyrights, or other intellectual property rights of WLN or any third-party.
- Not to violate any applicable laws or this Agreement in connection with its use of the Platform or the Services.
- Not to bypass any measures used by WLN to secure the Platform or prevent unauthorized use of the Services.
- To protect the credentials used to access the Platform and not to share them with any other party.
- To waive and release WLN from any liability relating to the products or services of a third-party that are purchased in connection with this Agreement, or using the Services or the Platform.
- Warranty.
- Each party represents to the other that this is a valid and binding Agreement of the party and that nothing in it will place the party in breach of any other agreement. Each Party warrants and represents that it has the authority to execute, deliver and perform its obligations under this Agreement, and is duly organized or formed and validly existing and in good standing under the laws of the state of its incorporation or formation.
- If Customer is accepting these Terms on behalf of a family member or another party using the Services, Customer represents and warrants that it has full legal authority to bind all of the users of the Services to this Agreement.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, WLN SPECIFICALLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WLN DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR THAT THE SERVICES WILL WORK WITHOUT INTERRUPTIONS.
- Termination.
- Without Cause. WLN may terminate the Agreement and suspend the Services to you without cause at any time and for any reason at its sole and exclusive discretion.
- For Cause. Either Party may terminate this Agreement, effective upon written notice to the other party (the "Defaulting Party"), if the Defaulting Party materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within ten (10) days after receipt of written notice of such breach.
- Term. Unless otherwise agreed to by the Parties (for example, while ordering the Services online) the Term of this Agreement shall be for one (1) month, and shall automatically renew each month unless terminated by either Party. If WLN terminates for cause, or Customer terminates for any reason, before the end of the Term, Customer shall remain obligated to pay WLN the full amount of the Fees due through the end of the Term and all such fees shall immediately be due and payable to WLN upon termination. If WLN terminates before the end of the term without cause, it shall refund to Customer and pre-paid fees for periods after the date of termination.
- LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WLN BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. WLN’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE PLATFORM AND/OR SERVICES AND/OR THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $7,500.
- Indemnification. Customer agrees to indemnify, defend and hold Company and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising from or relating to Customer’s negligence, intentional misconduct, or violation of any term of this Agreement.
- WAIVER AS TO INDIVIDUAL LIABILITY. YOU AGREE TO WAIVE AND RELEASE ALL LIABILITY AND CLAIMS AGAINST THE OWNERS, OFFICERS, EMPLOYEES, MANAGERS, AND AGENTS OF WLN TO THE FULL EXTENT ALLOWED BY LAW, AND TO THE EXTENT SUCH CLAIMS RELATE TO THE PLATFORM, THE SERVICES AND/OR THIS AGREEMENT.
- Relationship of the Parties. The relationship of the Parties hereto is that of independent contractors. Nothing in this Agreement, and no course of dealing between the Parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the Parties or between one Party and the other Party’s employees or agents. Each of the Parties is an independent contractor and neither Party has the authority to bind or contract any obligation in the name of or on account of the other Party or to incur any liability or make any statements, representations, warranties or commitments on behalf of the other Party, or otherwise act on behalf of the other. Each Party shall be solely responsible for payment of the salaries of its employees and personnel (including withholding of income taxes and social security), workers’ compensation, and all other employment benefits.
- Force Majeure. WLN shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, pandemics, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect.
- Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in Dallas, Texas.
- Arbitration. With the exception of (i) claims by WLN to collect an amount due for providing the Services and (ii) proceedings before administrative law tribunals (e.g., inter partes review before the Patent Trial and Appeal Board), any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Dallas, Texas. The arbitration shall take place before a panel of one (1) arbitrator sitting in Dallas, Texas. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration, and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Dallas, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm. The arbitrator will make the initial determination as to whether any claim is subject to arbitration. Notwithstanding any language to the contrary in this Agreement, the parties hereby agree that any award issued by the arbitrator (the “Underlying Award”) may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
- Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. Notwithstanding the foregoing, WLN may assign this Agreement in its entirety, without consent of the other Party, to its affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
- Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
- Headings; Construction. The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
- Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
- Rights Cumulative. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
- Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page.
- Authorized Signatories. It is agreed and warranted by the Parties that the individuals singing this Agreement on behalf of the respective Parties are authorized to execute such an agreement. No further proof of authorization shall be required.
- Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
- Entire Agreement; Modification. This Agreement shall be the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. Each Party hereto has received independent legal advice regarding this Agreement and their respective rights and obligations set forth herein. The Parties acknowledge and agree that they are not relying upon any representations or statements made by the other Party or the other Party’s employees, agents, representatives or attorneys regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.
