Terms of Service
- The Service
The Smilechase service allows users to create, join and play games created by other users of the service (“Organizers”). Games are made up of various missions, which may include activities such as submitting photos or videos, checking-in at specific locations, or solving puzzles or riddles in order to receive points (the “Games”). Games may be played with closed user groups and/or the Internet community more generally through the Website and/or Smilechase App (the “Service”). In order to access the Service and start creating or contributing with other users, you must be a registered user (“User”). The Service may be used from a computer or a personal mobile device if the User has downloaded the App. The level of functionality of the Service which you may use may vary depending on the subscription to the Service that you or your Organization has selected, and different fees may be payable for different subscription types.
- Age of users
The Service is designed to be used by individuals who are over the age of thirteen. The Service is not intended to be used by users under the “Designated Age”, which shall be the greater of thirteen or the age designated in your local jurisdiction in respect of processing personal data If you are an Organizer organizing Games for individuals who are under the Designated Age in your jurisdiction, then you represent and covenant that (i) such individuals shall only use mobile devices provided by you, and not their own mobile devices; (ii) such individuals shall only use generic accounts created by you on their behalf, which are not associated with any individual or an anonymized guest account made available by Smilechase; (iii) no personal information regarding such individuals shall be uploaded into the service (whether through the creation of user accounts, uploaded User Content (as defined below) or otherwise); and (iv) you shall have obtained all the requisite consents required under applicable law in respect of the use of the Service from the parents or guardians of such individuals. If you are a User then you represent and warrant that you are over the Designated Age in your jurisdiction, or are otherwise only using the Service in the manner specified above.
- DISCLAIMER OF GAMES
ALL GAMES (INCLUDING WITHOUT LIMITATION ANY CONTENT, TASKS, ACTIVITIES, EVENTS, LOCATIONS, LOCAL CONDITIONS AND CIRCUMSTANCES) ARE THE SOLE RESPONSIBILITY THE ORGANIZERS AND USERS. THIS MEANS THAT THE ORGANIZER, AND NOT SMILECHASE, IS ENTIRELY RESPONSIBLE FOR ALL GAMES ORGANIZED BY THAT ORGANIZER, AND THE USER IS ENTIRELY RESPONSIBLE FOR PARTICIPATING IN THAT GAME AND ANY CONSEQUENCE THAT MAY ARISE FROM THEIR PARTICIPATION IN THAT GAME. SMILECHASE DOES NOT CONTROL OR ACTIVELY MONITOR GAMES AND, AS SUCH, DOES NOT GUARANTEE THE SAFETY, INTEGRITY, SUITABILITY OR QUALITY OF ANY SUCH GAMES. USERS AND ORGANIZERS ACKNOWLEDGE THAT BY USING THE SERVICE, THEY MAY BE EXPOSED TO RISKS AND DANGERS, UNSUITABLE GAMES, AND OTHER CONSEQUENCES. UNDER NO CIRCUMSTANCES WILL SMILECHASE BE LIABLE IN ANY WAY FOR ANY GAMES OR ANY CONSEQUENCES ARISING FROM SUCH GAMES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY GAMES, OR FOR ANY OFFENSE, INJURY, DEATH, LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) OF ANY KIND INCURRED OR SUFFERED AS A RESULT OF PARTICIPATING IN ANY GAMES MADE AVAILABLE VIA THE SERVICE. FURTHER DISCLAIMERS ARE SET OUT LATER IN THIS AGREEMENT.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Organizers or Users whether in Games or otherwise (“User Content”), is the sole responsibility of such Organizers or Users. This means that the Organizer or User, and not Smilechase, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Smilechase does not control or actively monitor User content and, as such, does not guarantee the accuracy, integrity, suitability or quality of such content. Users and Organizers acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Smilechase be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service. If your User Content will include any personal data of individuals located in the European Economic Area, you are responsible for notifying Smilechase and you may be required to enter in a Data Processing Agreement with Smilechase in order to use the Service.
- Restrictions on User Content and Use of the Service
In using the Website, App and/or Service You shall not:
- Use the Service other than as permitted by the type of subscription which you have subscribed for, as further described at the time of subscription;
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- License of Content
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, world-wide, perpetual license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content to the extent required to provide the Service. Smilechase will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- End User License
Except for User Content, the App, this Website, the Service and the information and materials that it contains, are the property of Smilechase and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Smilechase grants you a non-transferable, non-exclusive, license to (a) use the Service for your use, and (b) download, install and use one copy of the App on each mobile device that you own or control, in each case solely for your own use (the “License“). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Smilechase or Smilechase names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website, App or Service shall be subject to the terms of these Terms.
- PAYMENT TERMS
- Fees. Services are purchased for either (a) subscription terms with payment for the specific period being due and payable in advance; or (b) individual games with payment being due before each specific game. Unless otherwise specified, there are no charges for set-up or basic support.
- Payment & Charges. Your access to and use of the Services may, depending on the type of subscription or individual game option selected, be subject to Your payment of the applicable fees due for the Services selected by You (“Fees”) set out on the Website and all other applicable amounts, charges and taxes indicated to You when You purchase Services (or otherwise notified to You by Smilechase from time to time) when you use the Service or noted on and viewable in Your account profile. Unless otherwise stated, all invoiced amounts are due 30 days following receipt through third party service providers. Receipts for purchased Services will be delivered to You electronically. You shall: (i) keep the billing, credit card and payment information You provide to Smilechase or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise Smilechase if Your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by Smilechase caused by Your failure to provide Smilechase with up to date billing information.
If You provide Smilechase with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (“Feedback“), Smilechase may use such Feedback in the Website or in any other Smilechase products or services (collectively, “Smilechase Offerings“). Accordingly, You agree that: (a) Smilechase is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Smilechase, (c) Smilechase (including all of its successors and assigns and any successors and assigns of any of the Smilechase Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Smilechase Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Smilechase or any of the other users of the Website in respect of the Feedback.
- Links & Third-Party Websites
This Website (including User Content) may contain links to other websites that are not owned or controlled by Smilechase. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Smilechase of that third party, third party product or service. Smilechase is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Smilechase endorses or accepts any responsibility for the content or use of such websites, and You hereby release Smilechase from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” SMILECHASE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SMILECHASE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SMILECHASE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SMILECHASE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SMILECHASE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SMILECHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMILECHASE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SMILECHASE IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates
Smilechase may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Smilechase App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Smilechase may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and Smilechase cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Smilechase will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Choice of Law
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Cyprus applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorney to the exclusive personal jurisdiction and venue of the courts sitting in Limassol, Cyprus.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the App or Service, please contact us at: email@example.com.
- English Language
. It is the express wish of the parties that these Terms and all related documents be drawn up in English.