TERMS OF SERVICE
Through this website, SCVNGR, Inc. ("SCVNGR", "we" or "us") provides access to software and services ("Services") that allow a customer ("Customer", "user" or "you") to play SCVNGR and build on SCVNGR. These Terms of Service ("Agreement") describes the terms and conditions on which SCVNGR provides the Services to Customers. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICES OR THIS WEBSITE, OR BY DOWNLOADING THE SCVNGR APPLICATION, THE CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH SCVNGR. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to download the SCVNGR application.
If you register as a Customer or otherwise use the Services, you represent and warrant to SCVNGR that: (i) you are of legal age to form a binding contract; (ii) you will provide SCVNGR with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. SCVNGR reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Services under it. You should not share your password nor use the Services using the registration of any third party.
SCVNGR is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a Customer or to send personal information to SCVNGR.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below ("Site Content"), and all software embodied in this website or otherwise used by SCVNGR to deliver the Services ("Software") is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks "SCVNGR" and the SCVNGR logo and the SCVNGRbot are registered trademarks of SCVNGR, and they may not be used in connection with any service or products other than those provided by SCVNGR, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SCVNGR. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
License to Use the Services
Most usage of SCVNGR is 100% free. However, certain enterprise-only features do exist. These features are targeted solely towards non-individual users and are always optional. Subject to your payment of any applicable fees, SCVNGR will provide the Services to you in accordance with the descriptions on its website and in any contracts. If applicable, SCVNGR will provide you with reasonable support services for the Services in accordance with the limitations and restrictions set forth on its website. Notwithstanding the foregoing, SCVNGR may make reasonable modifications to the Services at any time.
Subject to your payment of any applicable fees, SCVNGR authorizes you to access, view and use the Site Content and Software (collectively, the "SCVNGR Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the SCVNGR Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the SCVNGR Property, or any portion of the SCVNGR Property, is strictly prohibited without the prior written permission of SCVNGR.
You agree, and represent and warrant, that your use of the Services and the SCVNGR Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the SCVNGR Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
Customers must have a compatible iPhone or Android device with the SCVNGR application installed to play SCVNGR, earn points, and to qualify for any rewards or prizes that may be offered.
As part of playing SCVNGR, you may upload, post, or submit to SCVNGR, or distribute using SCVNGR, photographs, text, graphics, video, audio, and other materials and information (collectively, "User Content"). The User Content remains your property, and SCVNGR does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
- you are publishing and making your User Content available for viewing by third parties, that your User Content may be associated with your SCVNGR username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and SCVNGR shall in no event be liable to you for any use or misuse of your User Content by any third party.;
- you grant SCVNGR and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to playing SCVNGR and for the purposes of promotions and advertising of SCVNGR and its Partners.
- all users of SCVNGR have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use;
- you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by SCVNGR, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
- if any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
SCVNGR is under no obligation to edit or control User Content that you and other users post to or distribute, and will not be in any way responsible or liable for User Content. SCVNGR does not vet or control the Customers or other individuals that use the Services. You post, access and use User Content at your own risk, and SCVNGR and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Customers should exercise caution in interacting with unknown persons that they meet playing SCVNGR in the same way that they would exercise caution in the physical world.
No user of the Services shall:
- Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
- Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
- Post any User Content more than once or "spam";
- Post any User Content that contains advertising or promotional material or constitutes commercial activity of any sort; or
- Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in SCVNGR’s sole judgment , exposes SCVNGR, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.
No user of the Services shall submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
- Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
SCVNGR reserves the right (but is not obligated) to do any or all of the following:
- record Customer Content;
- Investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
- remove Customer Content or Customer registration iInformation that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
- monitor, edit or disclose any Customer Content or Customer registration information; or
- edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.
SCVNGR has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Points, Rewards and Prizes
In some (but not all) instances, playing SCVNGR may allow Customers to earn points and rewards, and to qualify for prizes.
- Points will be awarded to players who complete challenges as indicated by the listing for points that is displayed to you immediately after you complete the challenge. Points may be withheld or reduced at any time in SCVNGR’s absolute discretion. Without limitation of the foregoing, SCVNGR may not award points if a player is not physically at the required location; if the player answers a challenge incorrectly; if a player provides a photo that does not meet the requirements of the challenge; or if the player includes any profanity, vulgarity or other unacceptable User Content in responding to the challenge. Points have no cash value and may not be redeemed for cash.
- Rewards are not applicable to all challenges. If a reward is offered, the fulfillment of the reward is the responsibility of the Partner sponsoring the applicable reward. If you qualify for a reward, by default the reward with the lowest point value is initially selected. Once you have selected a reward and points are earned towards that reward, the points cannot be transferred to another reward.
- Not all challenges feature grand prizes. Grand prizes are the responsibility of the applicable Partner offering the prize. While SCVNGR will inform a player of the award of a grand prize, SCVNGR has no responsibility for fulfillment of any prize.
Some SCVNGR challenges may be sponsored by third party brand partners ("Partners"). Not all challenges feature prizes or rewards. However, any prizes, rewards and promotions that are offered in Partner promotions are sponsored by SCVNGR’s Partners and are awarded solely at the discretion of the Partner. SCVNGR shall not be responsible for any decision taken by its Partners or any other act or omission of any Partner in connection with such challenges or other use of SCVNGR. Additional terms may apply to certain challenges, prizes or awards.
Third Party Websites
The SCVNGR website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by SCVNGR. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Ideas Submitted to SCVNGR
SCVNGR is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of SCVNGR. None of the Services Comments will be subject to any obligation of confidence on the part of SCVNGR, and SCVNGR will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, SCVNGR will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
Warranty Exclusions and Limitations of Liability
SCVNGR warrants that the Services and SCVNGR Property will conform substantially to the descriptions set forth on the SCVNGR website. However, SCVNGR does not warrant that the Services or SCVNGR Property will operate error-free or without downtime. SCVNGR may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to SCVNGR. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and SCVNGR’s sole and exclusive liability, shall be (at SCVNGR’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, SCVNGR make no representations or warranties of any kind regarding the Services or the SCVNGR Property. SCVNGR EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND SCVNGR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR SCVNGR PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SCVNGR PROPERTY. No advice or information, whether oral or written, obtained by you from SCVNGR or through the Services will create any warranty not expressly stated herein.
PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. SCVNGR AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF SCVNGR, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH PLAYING SCVNGR. SCVNGR AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE SCVNGR IS PLAYED. USERS PARTICIPATE IN SCVNGR AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SCVNGR OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR SCVNGR PROPERTY, EVEN IF SCVNGR OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF SCVNGR AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE SCVNGR PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO SCVNGR, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer shall defend, indemnify and hold harmless SCVNGR against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of SCVNGR, participation in SCVNGR, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any participant in any SCVNGR challenge designed by Customer, or any claim by any non-participant third party who suffers any injury in connection with the playing of SCVNGR by SCVNGR participants. SCVNGR reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with SCVNGR with respect to such defense and settlement.
Digital Millennium Copyright Act
SCVNGR complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:
1 Congress Street, Ste. 111, Boston, MA 02114
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which SCVNGR may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Applicable Law and Jurisdiction; Compliance
You and SCVNGR agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
SCVNGR reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other SCVNGR policies before playing SCVNGR.
In no event shall SCVNGR be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside SCVNGR’s reasonable control.
No delay or omission by SCVNGR in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by SCVNGR of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom SCVNGR has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and SCVNGR regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.