Terms of Service

Effective September 11, 2009

The really big picture:

1. Hunch's goal is to provide you customized recommendations based on the collective knowledge of the entire Hunch community.
2. Hunch endeavors to provide guidance on a wide and ever-increasing range of topics. Not every topic will be suitable for everyone. We encourage you to explore appropriate topics of interest to you.
3. The topics, questions, and recommendation results on Hunch come from user contributions. We will generally post user content with little screening other than for profanity, although user content is subject to our Community Guidelines and could be flagged by other users and removed by us if it is found to violate those guidelines.
4. Hunch's recommendations are based on a machine learning algorithm combining the collective input of all Hunch users. Hunch's recommendations do not necessarily represent the specific opinions or preferences of Hunch as an entity or its employees, directors, or investors.
5. Hunch is not responsible for the ultimate decisions you make, especially if you make bad decisions, whether based on Hunch recommendations or not. This goes doubly for medical, legal, or financial advice. Hunch does not provide professional advice and is not a substitute for the counsel of qualified professionals. So continue to see your doctor, call a lawyer when you need one, and consult a financial advisor before you invest. Now pause, reflect, and read this bullet again.

Legal Speak

The website available at www.hunch.com (the "Site") is owned and operated by Hunch Inc. ("Hunch" or "us"), and is accessed by you under the following terms and conditions (the "Terms of Service"). By using and/or visiting the Hunch Site, you agree to (1) these Terms of Service, (2) Hunch's Privacy Policy, and (3) Hunch's Community Guidelines. If you do not agree to any of these, do not use the Site. Hunch's acceptance is expressly conditioned on your assent to all the Terms of Service, to the exclusion of all other terms; if these Terms of Service are considered an offer by Hunch, acceptance is expressed limited to these terms.

We may revise these Terms of Service at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Site will mean you accept those changes, whether you've read them or not.

The Site is made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not "scrape" the Site. You may not take our topic lists, questions, blog postings, forum postings, research articles, recommendation outcomes, or any other Content from our Site and reformat and display them, or mirror home page or item recommendation pages on your website. If you want to make commercial use of our services, you must enter into a separate agreement with us to do so in advance.

Notwithstanding the general limits of use described in the paragraph above, some Hunch data is available for your use, including commercial use and inclusion in external applications, provided the data is accessed using Hunch's Application Programming Interface (API). The Hunch API has its own set of Terms of Service which you must consent to before using it.

Exception for widgets: Furthermore, Hunch grants permission for you to place one or more Hunch "widgets" on your own site (by inserting into your site the 'embed topic' code found in the 'share this' section of most Hunch results pages), whether for commercial or non-commercial purposes, provided however that you do not alter the appearance or functionality of the resulting widget. Your use of a Hunch widget is otherwise subject to our standard Terms of Service.

The Site and all Site materials including, but not limited to, the Hunch logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the "Content") are copyrighted by Hunch and are protected by United States and international intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of Hunch. Permission is granted to display, copy, and download the Content on this Site for personal, non-commercial and informational use only provided that you may not (a) modify the Content or (b) remove or alter any copyright or other proprietary notices contained in the Content.

You may not use, frame or utilize framing techniques to enclose any Hunch Content (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Hunch's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Hunch name, trademark or product name without Hunch's express written consent.

Hunch makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Hunch Accounts

In order to access most features of the Site, you will have to create a Hunch account. You may never use another person's account without permission. Hunch reserves the right to refuse registration of, or cancel a user account in its discretion. When creating your account, you must provide accurate and complete information and keep this information updated. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You must notify Hunch immediately of any breach of security or unauthorized use of your account. And don't ever publish, distribute or post login information for your account.

You agree to not use the Site to:

1. post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to a Hunch employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
5. interfere with or, disrupt the Site or violate the security of the Site or servers or networks connected to Hunch;
6. use the Site to violate the security of other websites by any method.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that we shall have the right to terminate your access to the Site for violations of any of these rules, including repeat infringement of copyrights.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Hunch servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. You furthermore specifically agree not to use any automated method to alter the training values of recommendation outcomes in order to unduly bias Hunch's machine learning algorithm in favor of or against specific results or groups of results.

You agree not to collect or harvest any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site, nor to use the community portions of the Site (including but not limited to user reviews, blog feedback, forums, personal profiles and support areas) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Hunch Site.

The Content on the Hunch Site, including User Content, is provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner not intended by the normal functionality of the Hunch Service or otherwise as prohibited under this Agreement. "User Content" means user comments, suggestions, recommendations, reviews, and any other material posted by users of the Site.

You understand that when using the Hunch Site, you will be exposed to User Content from a variety of sources, and that Hunch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hunch with respect thereto, and agree to indemnify and hold Hunch, its owner, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You understand that Hunch's recommendations are based on a machine learning algorithm combining the collective input of all Hunch users. Hunch's recommendations are intended to be used as information and entertainment but not as a specific directive to undertake a given action. In no way do Hunch's automated recommendations represent the specific opinions or preferences of Hunch Inc. as an entity or its respective employees, directors, or investors. Hunch does not evaluate or guarantee the accuracy of any Content on the Hunch site, and the Content on Hunch should never be considered to be a substitute for professional advice.

Hunch does not provide professional financial advice and is not a substitute for the counsel of qualified financial professionals. In particular, financial topics are not intended to be relied upon for trading or investment purposes. Hunch shall not be responsible or liable for the accuracy or usefulness of any Content and will not be responsible or liable for any trading or investment decisions based on such Content.

Hunch does not provide professional health advice and is not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to existing treatment. Do not delay seeking treatment or disregard medical advice based on Content on Hunch. The Content on Hunch should not be used to diagnose, treat, cure, or prevent any disease without the supervision of a medical doctor or other qualified health professional.

Hunch does not provide professional legal advice and is not a substitute for the counsel of qualified legal professionals. Always seek the advice of a qualified attorney licensed in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Site.

When you submit comments or other User Content to the Site, we may make use of your submission, including showing your submission to other users who might benefit from your submission, and attributing such submission to you by associating it with your username, profile picture, or any other descriptive profile information you have provided. As such, we need broad rights in the User Content you submit to the Site. The following paragraph describes these rights.

By submitting content to the Site, you grant Hunch and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the User Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Notwithstanding the generally irrevocable license you grant us regarding content you submit, if you are the rights holder to submitted content and later change your mind and would like it removed, you can contact us at Copyright Notice and we will do so.

You further agree that you will not, in connection with User Content, submit material that is contrary to the Hunch Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. We reserve the right to remove User Content from the Site for any reason or for no reason at all.

Hunch does not endorse any User Content or any opinion, solution or advice expressed therein, and Hunch expressly disclaims any and all liability in connection with User Content. Hunch does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Hunch will remove Content if properly notified that such Content infringes another's intellectual property rights. Hunch reserves the right to remove any content without prior notice. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes your copyrights, see the Hunch Copyright Notice.

The Hunch Site may contain links to third party websites that are not owned or controlled by Hunch, including websites with whom we may have a sponsorship or marketing relationship. Hunch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Hunch will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly relieve Hunch from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Hunch Site and to read the terms and conditions and Privacy Policy of each other website that you visit.

Hunch may terminate your account and your access to the Site if Hunch determines in its sole discretion that you have breached these Terms of Service. Upon termination of your account, your right to use the Hunch services and access the Site and any Content will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

Hunch reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, inappropriate disclosure of personal information or excessive length. Hunch may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, see the Hunch Copyright Notice.

We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Hunch services without notice or liability. We reserve the right to modify these Terms of Service from time to time by posting a notice on the Site or by sending you a notice via email. You should visit this page periodically, because your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

You acknowledge that Hunch has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Hunch from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Hunch makes no representations concerning any Content contained in or accessed through the Site, and Hunch will not be responsible or liable for the accuracy, copyright compliance, legality or decency of Content contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU AGREE THAT YOUR USE OF THE HUNCH SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUNCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. HUNCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUNCH SITE. HUNCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUNCH SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HUNCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL HUNCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUNCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT HUNCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT HUNCH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by Hunch from its facilities in the United States of America. Hunch makes no representations that the Hunch Site is appropriate or available for use in other locations. Those who access or use the Hunch Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Hunch, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Hunch Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Hunch Site.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Hunch Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Hunch Site.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hunch without restriction.

General

These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Hunch that arises in whole or in part from the Hunch Site shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Community Guidelines, Privacy Notice available at http://www.Hunch.com/privacy and any other legal notices published by Hunch on the Site, shall constitute the entire agreement between you and Hunch concerning the Hunch Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Hunch's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Hunch reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Hunch Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Hunch in any respect whatsoever.