TERMS OF SERVICE (May 25, 2023)
Welcome to XploreGeo, a real-world scavenger hunt and adventure game provided by XploreGEO, LLC (the “Company”, “We”, “Us”). These Terms of Service (the “Terms”) govern your use of our Services, which are accessible through our website and mobile application (the “App”) and any related websites or online properties (the “Site”). Please read these Terms and our Privacy Policy carefully before using our Services.
Acceptance of Terms
By using our Services, you agree to these Terms and our Privacy Policy. If you are a parent or legal guardian of a child under the age of 13 (the “Parent”), you agree to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, do not use the Services.
Changes to Terms or Services
We may modify these Terms at any time. If we do so, we will notify you either by posting the modified Terms on the Site or App or through other communications. You should review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you may not use the Services. We may also change or discontinue all or any part of the Services at any time and without notice.
Dispute Resolution
You agree that any disputes between you and XploreGEO, LLC will be resolved through binding individual arbitration. You are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Privacy
Please see our Privacy Policy for information on how we collect, use, and disclose information from our users.
Eligibility and Account Registration
To use certain features of the Services, you must create an account with us (an “Account”). You can create an Account using your pre-existing Google or Facebook account, or directly within the App. We will extract certain personal information from your Google, Facebook, or other pre-existing third-party account to create your Account.
It is important to provide us with accurate, complete, and up-to-date information for your Account, and to update such information as needed to keep it accurate, complete, and up-to-date. If you do not, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Registration by Children
We assume that any Account created or activity conducted on our Services is made by individuals over the age of 13 or by individuals who have the consent and approval of the Parent. If a Parent does not consent to a child’s access to and use of the Services, we will remove that child’s Account and access following notification by the Parent.
Parents of children under the age of 13 understand and agree that we may provide information submitted to, or collected via, the Services to third parties who use such information for the sole purpose of administering or providing Services (e.g., third-party security monitoring services and web-hosting companies). Please see our Privacy Policy for more information on how we collect, use, and disclose information from our users.
Safety
During game play, please be aware of your surroundings and play safely. Your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services.
Rights in Content and User Content
Subject to your compliance with these Terms, the Company grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content and User Content solely in connection with your permitted use of the Services. You may not copy, modify, distribute, transfer, sublicense, lease, lend, rent, reverse engineer, decompile, or disassemble any Content or User Content except as expressly permitted in these Terms. We reserve all rights in and to the Content and User Content not expressly granted to you under these Terms.
Content and User Content Ownership
We do not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Company exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services, Content, and User Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, Content, or User Content.
Rights Granted by You in User Content
By making any User Content available through Services, you grant the Company a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. You retain all ownership rights in your User Content and may continue to use and exploit it in any way that is not inconsistent with these Terms. You agree that the Company may use your name and likeness in connection with the User Content.
Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or have all necessary rights to grant us the license rights in your User Content under these Terms. You further represent and warrant that your User Content and your use and provision of your User Content to be made available through the Services will not infringe, misappropriate, or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We may reject any submissions in which the Company believes, in its sole discretion, that the User Content is inappropriate or violates these Terms. We reserve the right to remove any User Content from the Services at any time and without notice and for any reason.
In App Trading
Our Trading feature lets you obtain and trade virtual items, called Trading Items, during gameplay. The best part is, you can get these Trading Items for free while playing the game. However, please note that you do not own any Trading Items, and they cannot be exchanged for real money or goods. You can only use them for personal, non-commercial purposes while using our Services.
You can trade your Trading Items with other users, but only through means provided by us. We don’t allow third-party platforms, exchanges, or brokers to be involved in the process. If you violate this rule, we may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Remember, these Trading Items are provided “as is,” without any warranty.
If you’re looking to purchase virtual currency, we have Virtual Money available for that purpose. You can buy Virtual Money and use it to purchase Virtual Goods that we make available for use in the App. However, please note that Virtual Money is not actual currency and has no monetary value. It’s a category of content that can only be used to access and purchase Virtual Goods for personal, non-commercial purposes while using our Services.
Virtual Money Purchase
To purchase Virtual Money, you must be 18 years or older. If you’re under 18, you need your parent’s consent. Parents of children under 18 can restrict in-App purchases on their devices and monitor their children’s accounts for unexpected activity. Please note that Virtual Money cannot be exchanged for real money or goods. Once you have Virtual Money, you can only use it to purchase Virtual Goods from us. You cannot sell, transfer, or exchange Virtual Money or Virtual Goods to anyone else unless expressly authorized by us.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Virtual Goods. If you’re a parent accepting these Terms on behalf of your child, please note that your child has your consent to exercise this right independently. Our pricing and availability of Virtual Money and Virtual Goods are subject to change without notice. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
If you live in the European Union, you have certain rights to withdraw from online purchases. However, once you download Virtual Money from us, your right of withdrawal ends. You agree that purchase of Virtual Money involves immediate download of such content, and you lose your right of withdrawal once your purchase is complete. If you live in the European Union, we will provide you with a VAT invoice when required by law. Please note that these invoices may be electronic in format.
We hope you enjoy using our Trading feature and purchasing Virtual Money and Virtual Goods. Remember, these items are only for personal, non-commercial use while using our Services. Thank you for reading these Terms, and we’re always here to answer any questions you may have!
Effect of Termination on Trading Items, Virtual Money, and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Trading Items, Virtual Money, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for three months; (b) you fail to comply with these Terms; (c) we suspect fraud or misuse by you of Trading Items, Virtual Money, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of the Company. We have no obligation or responsibility to, and will not reimburse or refund, you for any Trading Items, Virtual Money, or Virtual Goods lost due to such cancellation, suspension, or termination.
You acknowledge that the Company is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Money and Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Trading Items, Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 30 days’ advance notice to you by posting a notice on the Site or App or through other communications.
Conduct, General Prohibitions, and the Company’s Enforcement Rights
You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. You agree that when using the Services and Content, you will not:
• defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
• upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
• promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
• trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
• violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
• impersonate or misrepresent your affiliation with another person or entity;
• promote or provide instructional information about illegal or harmful activities or substances;
• promote or engage in physical harm, violence, or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
• post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• use, display, mirror, or frame the Services or any individual element within the Services, the Company’s name, any trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
• access, tamper with, or use nonpublic areas of the Services, or the technical delivery systems of the Company’s providers;
• attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services or Content;
• attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by the Company or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
• extract, scrape, index, copy, or mirror the Services or Content or portions thereof;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or the Company’s providers infrastructure;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) sell, resell, rent, or lease the App or your Account;
• collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
XploreGeo.com is not obligated to monitor your access or use of our Services or Content, we reserve the right to do so for the purpose of ensuring compliance with these Terms, operating the Services, and complying with applicable laws. We may review, edit, remove or disable access to any Content, at any time and without notice, if we, in our sole discretion, consider such Content objectionable or in violation of these Terms. We also reserve the right to investigate any violations of these Terms or conduct that affects the Services, and we may cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third-Party Websites or Resources
Our Services and App may contain links to third-party websites or resources for your convenience. However, we are not responsible for the content, products, or services on or available from those websites or resources, nor for any links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination
We may terminate your access to and use of our Services at any time and without notice, at our sole discretion. You may cancel your Account at any time by notifying us using the contact information provided below. Upon termination, certain provisions of these Terms will survive, including the arbitration notice, content ownership, rights granted by you, effect of termination on trading items, virtual money, and virtual goods, feedback, disclaimer of warranties, indemnity, limitation of liability, dispute resolution, general terms, and this sentence of termination.
Disclaimer of Warranties
Your use of our App and Services is at your own risk. To the extent permitted by applicable law, our Services and Content are provided “as is,” without any warranty of any kind. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, as well as any warranties arising out of course of dealing or usage of trade. We make no warranty that our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
Indemnification:
You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability:
To the extent permitted by applicable law, the Company and any other party involved in creating, producing, or delivering the Services or Content will not be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data, or goodwill, service interruption, computer damage, or system failure, or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the Services or Content, or from any communications, interactions, or meetings with other users of the Services or persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the total liability of the Company arising out of or in connection with these terms or from the use of or inability to use the Services or Content exceed one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
Dispute Resolution and Governing Law:
These Terms and any action related to them will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You will also have the right to litigate any other Dispute if you provide the Company with written notice of your desire to do so by email at support@xploregeo.com within ten (10) days following the date you first accept these Terms. If you don’t provide the Company with an Arbitration Opt-out Notice within the ten (10) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. Any arbitration to be administered will have the arbitrator or arbitrators selected at the sole determination of the Company.
Arbitration Process and Decision:
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the
General Terms:
These terms and any related actions will be governed by Florida state laws, regardless of conflict of laws provisions. They represent the sole and complete agreement between the Company and you regarding Services and Content, replacing any prior oral or written agreements. Should any provision of these terms be invalid or unenforceable, the other provisions will remain in full force and effect, and the invalid or unenforceable provision will be enforced to the maximum extent permissible. These terms cannot be assigned or transferred without the Company’s written consent, but the Company may assign or transfer them freely. The terms will be binding for the parties, their successors, and permitted assigns. The Company will provide any notices or communications regarding modifications to these terms via email or posting to the Services. Email notices will be considered received on the transmission date. The Company’s failure to enforce a right or provision of these terms will not waive such right or provision. Waivers must be in writing and signed by an authorized Company representative. Exercising a remedy under these terms will not prejudice other remedies. Contact Information: If you have questions about these terms or the Services, please contact the Company at support@xploregeo.com
