TreasureHunt Terms of Service
Valid as of 01.01.2017
As used in these Terms of Service (“Terms”), the words “TreasureHunt”, “we”, “us”, or “our” refer to TreasureHunt GmbH (registered at Skalitzer Strasse 85-86 TR B, 10997 Berlin, Germany).
We provide our users (“user”, “users”, “you”) with mobile gaming applications for mobile devices via app stores including the iTunes App Store, Google Play and other platforms such as Facebook (our “Games”), referred to herein as our “Services”. Our Services are licensed and not sold. Please read these Terms carefully because they govern your access to and use of our Services, and are legally binding.
- 1.2. You represent that you are 14 years of age or older. Anyone under the age of 18 may only download or connect to our Games and play them on your device once your legal guardian has agreed to our License Agreement and Privacy policies. TreasureHunt may require adequate proof of your identity and age and consent from a parent or guardian at any time.
- 1.3. By using our Services, a License Agreement is concluded for an indefinite period. The user may terminate the License Agreement by uninstalling the application.
- 1.4. You certify that you are a private person. No commercial use of TreasureHunt’s games is allowed.
- 1.5. The User has the right to withdraw from this contract at any time by uninstalling the TreasureHunt application. On termination of the Contract (and License Agreement), the user’s access to TreasureHunt’s Services is disabled. The user is not entitled to have deleted data restored, even on re-registering. The user is not entitled to any refund insofar as it has already made use of the Services (e.g. coins, virtual goods).
Content and Scope of License Agreement
- 2.1. Under the License Agreement, the user is authorised to put the Services provided to personal use for a limited period in accordance with the respective Terms. TreasureHunt is entitled at any time to alter the content or functions of these Services (e.g. updates, modifications or similar).
- 2.2. The user is not entitled to demand that TreasureHunt’s Services be provided or kept in a given condition. No warranty can be given that the software used by TreasureHunt is entirely devoid of errors. Therefore, downtimes may occur caused by technical problems beyond TresureHunt’s control. Regular maintenance or maintenance to deal with unpredictable failures (e.g. attacks, viruses) may impair availability of the Services. Insofar as is possible, maintenance shall be carried out paying consideration to our users.
- 2.3. Various platforms and operating systems exist for mobile devices. A TreasureHunt’s game(s) can only ever be used on those platforms and devices and with those operating systems that are specified with the game(s).
- 2.4. Using a TreasureHunt game or its functions may depend on an online connection to the Internet with a given bandwidth or rate of data interchange; otherwise, use may be restricted, impaired or even impossible. Using a game on a mobile device drains the device’s resources and may result in impaired performance in other respects.
- 2.5. TreasureHunt games are available in certain languages or in certain localised versions and should be used only in these countries, regions or languages.
- 2.6. TreasureHunt games can be used after being installed on the mobile device. The user does not receive any separate instructions for the game, other than the information and help tools that are integrated in the game or are available online.
- 2.7. TreasureHunt releases regular updates for TreasureHunt games to ensure the security of the system, for the sake of stability and compatibility, or in order to further the game’s development. TreasureHunt is under no obligation to continue providing support for versions of a game that are not up-to-date. Updates carried out on the user’s mobile device are triggered by the user; in each case, the user should check whether the update has been released for the configuration it uses (platform, operating system, mobile device).
- 2.8. The user is prohibited from using a TreasureHunt game in any manner other than permitted under the Licence Agreement. In particular, unless authorised to do so, the user may not copy a TreasureHunt game, pass it on to third parties or otherwise grant access to it, nor may TreasureHunt games be sub-licensed, hired out, published, distributed, transferred, adapted, reverse engineered, decompiled, or re- or disassembled.
- 2.9. If TreasureHunt provides access to a game that is still under development (so-called “beta version”), use of the game may be restricted and there is the possibility of serious errors occurring. Using beta versions is done on the user’s own responsibility and may be discontinued or terminated by TreasureHunt at any time.
- 2.10. TreasureHunt may license to the user certain virtual money or virtual goods to be used within TreasureHunt Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the application. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time.
- 2.11. Any and all virtual goods are licensed to the user on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
- 2.12. Please note that any payment for licenses for virtual goods is always final and non-refundable. The user agrees that all sales of virtual money and virtual goods by TreasureHunt to the user are final and that TreasureHunt will not refund any transaction once it has been made. If the user lives in the European Union they have certain rights to withdraw from distance purchases; however, please note that when purchasing a licence to use virtual goods or virtual money from TreasureHunt, the performance of our services begins promptly once the user’s purchase is complete and therefore the user’s right of withdrawal is lost at this point.
- 2.13. TreasureHunt may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. TreasureHunt shall have no liability to the user or any third party in the event that TreasureHunt exercises any such rights.
Third-Party Terms and Costs Applicable
- 3.1. The Services may include links to third party services and/or the third party services may be made available to you via TreasureHunt’s Services. These services may include, but are not limited to social media connectivity (i.e. Facebook) and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
- 3.2. For TreasureHunt games, the user needs its own mobile device and Internet access. During a TreasureHunt game or an update, data is always interchanged via the Internet. Before installing or playing any games, the user needs to make sure they understand the costs related to mobile data, in particular if the user is staying in another country at the time.
Limitation of Liability
- 4.1. In no event shall TreasureHunt be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use our Services.
Final Provisions, Amendments, Governing Law
- 5.2. Legal relations between the contracting parties shall be governed by German law.