AND NOW FOR SOMETHING COMPLETELY DIFFERENT OY – MapventureTM
TERMS AND CONDITIONS
LAST UPDATED ON MARCH 16, 2021
Welcome to MapventureTM!
MapventureTM offers a multitude of outdoor adventure games, thereby encouraging you to venture into the streets and parks of a city or your hometown on the quest of your choice. To participate in an adventure on MapventureTM, all you need is your phone or mobile device.
And Now for Something Completely Different Oy, a company based in Finland, operates and manages the website https://Mapventure.com/ and the corresponding MapventureTM web applications, mobile applications or applications on other platforms or devices, under which users may engage in solving mysteries and uncovering hidden secrets by participating in outdoor adventure games.
These Terms and Conditions came into effect on January 1st, 2021.
PART I – BACKGROUND AND APPLICABILITY
In these Terms and Conditions, And Now for Something Completely Different may be referred to as “And Now for Something Completely Different”, “we”, “us”, “our”, and other similar expressions.
“App” refers to the Website, and all corresponding MapventureTM web applications, mobile applications or applications on other platforms or devices.
“Content” shall refer to all information, data, images, trademarks, logos, videos, animations, and content published on the App, which relate to us, the Adventures, Mapventure or any matter referenced in these Terms and Conditions.
“Game” or “Adventure” refers to any outdoor activity game offered, described, or otherwise provided on the App.
“Mapventure” refers to our trade name MapventureTM and brand, under which we provide the Services and the App.
Our provision of the Game, delivery of the content, and other affiliated services we provide are collectively referred to as the “Services”.
“Terms and Conditions” refer to the latest version of the present Terms and Conditions and includes any and all amendments, modifications and supplements made thereto from time to time.
“User Account” refers to the account you create on the App to identify you, engage in Adventures, purchase Subscriptions and make payments.
“Website” refers to the website www.Mapventure.com/.
Users of the App are each referred to as “you”, “your”, “yours”, and other similar expressions. “Users” refer to all users of the App, collectively.
- APPLICATION OF THE TERMS
The present Terms and Conditions will govern the terms upon which we offer, deliver and supply the Games, Services and Content by way of the App.
These Terms and Conditions apply when you access, download or otherwise use the App, participate in a Game or receive Services. By visiting the Website, downloading the App and/or participating in any outdoor Adventure offered on the App, you agree to abide by the Terms and Conditions set forth herein.
By downloading, visiting, accessing or using the App in any way, you agree to be bound by these Terms and Conditions and any other rules or policies we implement, each of which will be deemed to be incorporated herein by reference. We may update these Terms and Conditions and other related documentation from time to time, at our discretion.
And Now for Something Completely Different will not be bound by any terms or policies, except for the present Terms and Conditions and any policies listed herein.
- ACCEPTANCE OF THE TERMS
These Terms and Conditions constitute a binding agreement between you and us. For this reason, we encourage you to review these Terms and Conditions prior to using the App. We also suggest that you review these Terms and Conditions every so often to review the latest version hereof.
Your usage of the App, even partially, signifies your acceptance of these Terms and Conditions. You acknowledge that you will be subject to these Terms and Conditions as though you manually signed them.
As a user of the App, you are required to act with integrity, in accordance with applicable laws and the obligations set forth in these Terms and Conditions and our policies, as published on the App. If you do not agree with any part of these Terms and Conditions, please do not use the App.
To be eligible to use the App and participate in Adventures, you confirm as follows:
- You are at least thirteen (13) years of age or the age of majority in your country of residence.
- Your usage of the App and participation in Adventures will comply with all applicable, laws and regulations.
- You are not subject to any restrictions that would prevent you from using the App and/or participating in Adventures.
- You confirm that your usage of the App will be for your own personal use, and not for a business or commercial purpose.
- You will be solely responsible for acquiring and maintaining the required device and Internet access needed to use the App.
- CHANGES TO THE TERMS AND CONDITIONS
We may modify, amend, update or change these Terms and Conditions at any time at our discretion. The most recent version of these Terms and Conditions will be published on our App and available for review.
Any updates to these Terms and Conditions will be effective as of their publication on the App. Your use of the App following the publication of any modifications to these Terms and Conditions constitutes your acceptance of the revised Terms and Conditions.
PART II – USAGE OF THE APP AND PARTICIPATING IN AN ADVENTURE
- PROHIBITED USAGE
You are responsible for all acts and omissions relating to your use of the App and your participation in Adventures. You agree not to engage in unacceptable use of the App or the Adventures, including using the App to:
- Breach any applicable law, regulation or policy;
- Damage, overburden or impair the App in any way or send a virus, harmful components or scripts;
- Engage in any unlawful or illegal conduct or in a way that is fraudulent, malicious or otherwise discriminatory, or encouraging others to use the App for such purposes;
- Harass, intimidate or bully Users of the App;
- Encourage or engage in pyramid schemes or unlawful recruitment;
- Share or disseminate false or otherwise illicit claims or remarks involving the App and/or Mapventure;
- Impersonate an individual, business, or company, or intentionally mislead others about your identity;
- Collect personal information about Users of the App, without the required consent;
- Hack, decompile, disassemble, or reverse engineering the App or any portion thereof;
- Request or initiate chargebacks, refunds or reimbursements for sums paid to us for the Subscription;
- Sell, lease, assign or transfer your User Account, without having obtained our prior written permission;
- Distribute or share spam, advertisements or unsolicited material, such as ads;
- Engage in conduct that is contrary to the intent of these Terms and Conditions.
- PARTICIPATING IN A GAME
You acknowledge that there are a number of pointers and info-screens that serve as guidelines. Prior to engaging in any Adventure, you agree to review such information. You may participate in an Adventure after you have read and understood the Terms and Conditions and you agree to comply with safety guidelines and standards. You may be held personally responsible for your failure to comply with the safety guidelines and standards. Further, you agree that we may, without liability and without penalty, revoke your right to participate in the Adventure if you breach or attempt to breach any of the obligations in these Terms and Conditions.
The anticipated duration of the Adventure may be specified on the App. The duration specified constitutes an approximation only and may vary. We cannot guarantee that the Adventure will run for such a duration. Your participation in the Game may be sooner terminated in case of elimination or for any reason deemed appropriate. An Adventure may be canceled if conditions are unsafe, unlawful or for any reason at our discretion. The Adventure will be rescheduled and any cancelation of the Adventure will not give rise to refunds or reimbursements
You agree to participate in the Adventure in accordance with its intended purpose and the instructions provided on the App. More specifically, you agree NOT to (1) enter private property, trespass, encroach or otherwise cause damage or loss with respect to any person, property or animal, (2) engage in any conduct which could be reckless, dangerous, unsafe or risky, and (3) violate or infringe any applicable law, regulation or policy.
If playing with other Users of the App, you agree to act with respect, proper care and caution. You shall be held responsible for any misuse, loss or damage caused to property, or injury caused to an individual arising out of or in connection with your participation in the Game, and/or any action or omission on your part.
- SERVICES AND AVAILABILITY
We use our best efforts to offer Adventures in a wide selection of cities but we do not guarantee that the Adventures listed on the App will be available in a specific city. The Adventures and Services are subject to availability in your area.
At this time, we are not offering the Adventures in every region of the world. The list of cities, towns and states that feature the Games are detailed on our App.
- LIVE EVENTS
You may participate or otherwise be involved in live events hosted by us. During these live events, we may record audio, take photos and record films, in which you may appear, either partially or fully, and in which you may be recognizable.
During these live events or as part of these live events, we or any of our contractors, employees or service providers are authorized to film, record, photograph or otherwise obtain footage of you, or in which you appear. You grant us the right to use audio recordings, images, films and videos in which you appear in any media, to promote Mapventure, the App or any Adventures, and at our discretion.
PART III – USER ACCOUNTS, PAYMENTS AND SUBSCRIPTIONS
- USER ACCOUNTS
To use the App and participate in Adventures, you will need to create a User Account by providing the following information: your selected user name and email address. This basic User Account will allow you to play one (1) Adventure at no charge.
You further understand that your personal information may be required to gain access to the App, participate in Adventures and benefit from the Services.
You may secure your User Account with a password. Your username and password should be confidential and personal to you. Please notify us immediately of any security breaches such as loss, theft or unauthorized use of your username or password.
Users can participate in their first Adventure on the App for free. Subsequent Adventures may be purchased as a single Adventure or as part of a subscription. You may be eligible for one (1) or more free Adventures as a reward for completing of certain Adventures or upon earning a certain number of experience points on the App.
To gain unlimited access to the Adventures available on the App, you must purchase a subscription. The subscription fees are detailed on our App.
A subscription will allow you to benefit from unlimited Adventures during the subscription period. Every subscription is for an initial duration of twelve (12) months. The subscription will automatically renew for subsequent one (1) year periods, unless you cancel your subscription. You will be fully responsible for the subscription purchased under your User Account for the duration selected.
- CANCELATION OF SUBSCRIPTIONS
Upon the termination of the initial duration, your subscription will automatically renew for the same term, unless you inform us of your intention to cancel your subscription at least (10) days prior to the expiry of thereof.
You may cancel your subscription, at any time, by selecting the unsubscribe option on the App, or by sending us an email. Your subscription will be canceled upon the end of the applicable term. You may therefore continue to benefit from the Adventures until the last day of the current term.
Once your subscription is canceled, you will no longer benefit from unrestricted access to the Adventures on the App. We will cease to bill your account on the effective cancelation date. Please note that we will not refund any fees already paid for subscription services. Unless otherwise indicated, the termination of your subscription will not terminate your corresponding User Account.
- PAYMENT AND TERMS
Any individual Adventure purchased on the App will be delivered as a stream or digital version. The Adventures available for sale on the App will not be delivered in physical form, as a physical object or copy.
With respect to purchasing Subscriptions or Adventures on the Platform, you agree that your credit card will be billed accordingly. You consent to us storing, or using a third party to store, your payment information on file to provide for recurring payments.
Unless otherwise indicated, the payments for subscriptions and Adventures are exclusive of any taxes, duties and levies. You remain responsible for paying all taxes charged in connection with your purchase of subscriptions and/or Adventures on the App.
We accept payments by credit card, bank account, or using any methods as listed on the App. Pursuant to making a purchase on the App, you will be charged for the amount in the order confirmation. If your payment information is invalid or otherwise unacceptable, we may cancel your subscription or not grant you access to the Adventure.
We reserve the right to modify the price of the Adventures, subscriptions and other fees as needed basis. The revised prices will be published on our App as promptly as possible. Any changes to pricing will not affect past purchases or subscriptions that have already been paid.
- REFUNDS AND REIMBURSEMENTS
All payments made to us are final. You agree that if you get disqualified, lose or cannot complete the Adventure for any reason after its commencement, including elimination, being physically injured or otherwise, you will not be reimbursed for the sum paid.
- VIOLATIONS AND TERMINATION OF USER ACCOUNTS
You may terminate your User Account at any time by following the instructions on the App. We may terminate or suspend the Services and/or your usage of the App if you breach these Terms and Conditions. We will not be liable to you for any termination or suspension of the Adventures, whether with cause or without.
We reserve the right to investigate and otherwise look into any potential violations of these Terms and Conditions, or any applicable legislation, regulations or binding terms. You agree to cooperate with us during the course of any such investigations by submitting documentation or providing information requested.
All ongoing provisions of these Terms and Conditions will remain applicable, even following the termination of your User Account, including provisions relating to copyrights, intellectual property, disclaimers, limited liability, and warranties.
PART IV – CONTENT AND INTELLECTUAL PROPERTY
- COPYRIGHT INFRINGEMENT
We comply with all applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). We encourage you to report any potential copyright infringement on the App to us. All reports of intellectual property or copyright violations will be handled according to the principles in the DMCA.
- NOTICES OF VIOLATION
If you are the owner or lawful possessor of a trademark or intellectual property right and you believe your intellectual property or trademark is published on the App in violation of your rights, please send us a written notice. If you have reasonable grounds to believe there is a violation of any third party intellectual property right on our App, please send us a written notice.
Any notice sent to us must contain the following information:
- A link to the potentially infringing content on the App.
- A description of the intellectual property right subject to the notice. This description may include the date of the intellectual property’s conception/development, photos, links, and other relevant information.
- Your contact information.
- Your interest with respect to the intellectual property if you do not own or hold the intellectual property right. Under penalty of perjury, you may need to provide a written confirmation that you are authorized to act on behalf of the intellectual property owner or holder.
- A written confirmation that your notice was sent in good faith.
- A written confirmation that all statements in the notice are true and accurate to the best of your knowledge.
Every notice submitted in accordance with the DMCA must be dated and signed, either manually or electronically.
We will review all notices received in accordance with DMCA. If the notice is founded, we will remove or delete the violating content from the App. If we determine that your notice is not founded, we will notify you of our decision, providing justification.
We reserve the right to suspend or terminate any User Accounts that infringe the DMCA, intellectual property and/or copyrights.
- INTELLECTUAL PROPERTY RIGHTS
The Content published on the App and all content relating to the Adventures is proprietary to us and may not be reproduced or shared without our explicit prior written consent. Trademarks, marks or other intellectual property may be published on our App. This intellectual property is our sole property and we are the exclusive owners of such Content throughout the world, without limitations of time or space.
Any Content that has been licensed to us remains the property of its respective owners. Please note that all trademarks and intellectual property published on our App are protected by intellectual property laws. All rights relating thereto are reserved.
The reproduction, transmission, sharing and distribution of all or part of any the information and/or Content on the App is expressly prohibited. We do not allow for the reproduction, modification, or transmission of the Content on our App to any third party without our prior specific written consent.
You are permitted to use and copy portions of the App solely for personal and reference purposes. You are not authorized to use the Content on the App for commercial or business purposes.
The characters, images, designs, drawings, information and Content in connection with Mapventure and the Adventures are protected by copyright laws. You may not use the characters, content and information with respect to Mapventure for any purpose other than to engage in an Adventure in accordance with the terms set forth herein. You may not copy, sell, lease, edit or otherwise use our characters, content and information in connection with Mapventure. You are strictly forbidden from using the Content associated with the Adventures for commercial gain or business purposes.
We therefore grant you a limited right to download or use the protected Content on the App for the purpose of engaging in an Adventure or using the Services in a way that complies with the Terms and Conditions. Any other usage of the Content protected by copyright is strictly prohibited.
- USER CONTENT
After completing an Adventure, you may submit a written review describing your experience. You agree that the review will be truthful and accurate to the best of your knowledge. You may also publish a profile picture in connection with your User Account. Your submission of any review or profile picture will be voluntary.
You are solely responsible for the reviews and picture you publish on the App under your User Account. You confirm that the reviews and profile picture will not be plagiarized or copied from a third party. You may be held personally liable if the content you post violates any third party right or intellectual property law.
Considering reviews and profile pictures are uploaded by Users, we decline all responsibility for the User content published on the App. We cannot offer any guarantees with respect to the legitimacy, integrity or quality of User content published on the App.
We may delete, remove or disable any content uploaded by a User if the content: (i) violates applicable laws, (ii) is of poor quality, (iii) is unlawful, illegal, defamatory or otherwise distasteful, or (iv) infringes any provision contained in these Terms and Conditions.
- Ownership of User Content
You agree that all content you publish on the App, including reviews and profile pictures, will be our property. We will hold all ownership and intellectual property rights connected to the content published on the App, even if the content has been subsequently removed or deleted.
Upon uploading or publishing any content on the App, you agree that the ownership of the content will be transferred to us. You also agree to grant and assign all copyright and corresponding ownership of the content to us, exclusively. We will benefit from the right to publish, reproduce, alter, commercialize, distribute, sell, lease, transfer or otherwise use the User content for purposes of the App, in any media or form of existing communication or hereafter developed, without requiring additional consent.
PART V – LIABILITY, WARRANTIES AND DISCLAIMERS
- FORCE MAJEURE
Force Majeure events are unforeseeable situations beyond our reasonable control, and may include wars, government acts, pandemics, failure of a telecommunications network, fires, hurricanes and other natural disasters. We are not responsible for any failure to perform our obligations during a Force Majeure event. More specifically, our obligations and Services will resume upon the termination of the Force Majeure event. We will not be responsible for any service interruptions affecting the App, such as power failures, outages and other circumstances beyond our reasonable control.
- PRIVACY AND SECURITY
You acknowledge that your personal information may be required for you to use the App, engage in Games and benefit from the Services. We implemented strict information control procedures to safeguard our Users’ personal information.
Any disclosure of your personal information will be limited to information that is strictly necessary and only transmitted to employees and affiliates who “need to know” this information. Your personal information will be used to communicate with you, offer the Games, send you emails, operate and improve our Services and for payment purposes. We will not use your information for any other purposes.
- LIMITED WARRANTIES
The Games, the Content and the Services are offered “as is” without any warranties or guarantees of any nature. Without limiting the generality of the foregoing, we do not guarantee that the Game will be executed without error, omissions or interruption. For clarification, the Games, the Services and the Content are provided without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement and warranties implied by any course of performance or usage of trade, all of which are disclaimed.
We will perform the Services in accordance with reasonable business standards. We will also do our best to ensure the Content is as accurate as possible. However, we cannot guarantee that all Content on the App is accurate, complete, reliable, current, and error-free.
While we do provide these limited warranties, we do not warrant or guarantee that your participation in the Games will meet your needs or expectations.
- GENERAL DISCLAIMERS
You recognize that there are certain risks associated with participating in an Adventure, interacting with other players, and accessing certain areas. While we implemented safety procedures and comply with all applicable legislation, certain activities have inherent dangers that no amount of caution can fully eliminate. Consequently, you agree that your participation in the Game and activities with respect to the Game will be at your sole risk and discretion.
This means that you agree to assume all risks associated with your decisions or actions during or as part of a Game. We decline all responsibility and liability for all actions and decisions you make during the Game or as part of the Game. You may be held responsible for any claims, costs, expenses and fees incurred in connection with your participation in a Game and your usage of the App.
- TECHNICAL ISSUES
Technical issues may occur when downloading, accessing or using the App. Such issues can delay, freeze or prevent your access to the App. We instituted proper procedures to ensure the continuity of the App, however, considering nothing on the Internet is fully secure, we are unable to guarantee that the usage of the App be uninterrupted and without error at all times.
- LIMITED LIABILITY
You agree that we will not be responsible for any bodily injury, harm, complications, claims or damages resulting from your participation or inability to participate in an Adventure. You further participation in a Game and usage of the App is at your own risk and that we disclaim any and all liability related thereto, whether direct or indirect.
To the extent permitted by applicable law, we exclude all liability for any incidental, special or consequential damages, bodily injuries, losses, property damages, claims, fees, costs or damages of any nature, however caused and under any theory of liability in connection with the Game, the Services, the Content and/or your usage of the App. Further, we will not be liable for any claim, loss or damage arising out of any misuse or negligence by any user engaged in the Game. This exclusion of liability applies regardless of whether the liability is based on contract, strict liability or another theory of law.
In all cases and to the extent permitted by law, our aggregate liability under these Terms and Conditions will not exceed the amount you paid for the subscription during the six (6) months preceding the incident giving rise to liability.
To the fullest extent permitted by law, you agree to indemnify and hold us, our affiliates, directors, officers and employees harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits arising out of (i) your negligence, recklessness, or willful misconduct, (ii) your participation or involvement in a Game, (iii) your breach of any representation or warranty provided under these Terms and Conditions, (iv) your failure to comply with any of these Terms and Conditions, applicable laws or regulations and/or (v) your usage of the App, the Content or any information available on the App.
PART VI – GENERAL PROVISIONS
- THIRD PARTY WEBSITES AND APPS
To provide increased value, we may reference third party websites, sites, applications and links on the App (the “Third Party Links”). The Third Party Links provided on our App are for convenience and reference purposes only. Please note we are not affiliated with these third party service providers referenced on the App. The inclusion of any Third Party Links on the App does not imply our endorsement or any association with such third party.
Your usage of the Third Party Links will be subject to separate terms and policies. We will not be liable for the functions, content, services, products or content stemming from or provided by the Third Party Links. As a result, you agree to use such Third Party Links at your own risk.
We may assign our rights in these Terms and Conditions, in whole or in part. We may also delegate any of our obligations under these Terms and Conditions to a third party. You are not permitted to assign your rights and obligations hereunder to any third party.
In these Terms and Conditions, singular terms are deemed to include the plural, if the context suggests is favorable to this. Words importing one gender are to be interpreted as including all genders. As employed in these Terms and Conditions, the terms “include” or “including” will be deemed to refer to all items listed, without limitation of any kind.
- ENTIRE AGREEMENT
These Terms and Conditions, together with any confirmation and document referred to herein, constitute the entire agreement between you and And Now for Something Completely Different with respect to the subject matter hereof. These Terms and Conditions supersede all prior negotiations and agreements between you and us regarding the subject matter hereof.
- NO WAIVER
If we do not insist upon the performance of any obligation set forth in these Terms and Conditions, this will not operate as a waiver of our rights nor will it relieve you of your obligations under these Terms and Conditions. Further, if we delay or do not exercise any of our rights under these Terms and Conditions, this will not be interpreted as a waiver of our rights.
If any provision in these Terms and Conditions is held to be unenforceable or unlawful or by law or by a competent authority, the provision will be severed from the remaining Terms and Conditions or redrafted to preserve the original intention to the extent permitted by law. This will not affect the remaining provisions of these Terms and Conditions, which will remain valid.
- CHOICE OF LAW
These Terms and Conditions, any claim under these Terms and Conditions and/or relating to the App are subject to the applicable laws in Finland, without regard to conflicts of law principles.
Any controversy or claim arising out of or relating to these Terms and Conditions, breach thereof, or dispute between you and us will be resolved by arbitration. The arbitration proceedings will be individual, and not class arbitration.
The arbitration proceedings will take place in Helsinki (Finland), except if we indicate otherwise. Unless otherwise provided, the arbitration will be handled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The arbitration award will be provided in writing, and may award damages and relief, similarly to a court. The arbitration award will be final and binding.
- CORRESPONDENCE AND EMAILS
Certain laws require that communications and correspondences be provided in writing. For purposes of these Terms and Conditions, any correspondence or communication sent electronically, either as a notification on the App or by email, will be deemed to comply with the legal obligations pertaining to written communications.
In consideration of the above, any correspondence you wish to address to us should be in writing. The correspondence may be sent by email to support@Mapventure.com, using the App or by overnight express mail to our corporate head offices located in Finland (the address is published on our Website). Unless otherwise stated in a proof of receipt, your correspondence will be deemed received seven (7) business days after it is sent.
We may also email you notices regarding the Games, our Services and other matters relating to Mapventure. As we may communicate with you by email, please ensure the email provided to us is current and valid. If the email address you provided is invalid, any communications we sent to this email address will be deemed effective as per these Terms and Conditions.
- QUESTIONS AND COMMENTS
We welcome questions, feedback and comments about these Terms and Conditions, and about our Services or Games. You can reach us by sending an email to support@Mapventure.com. We will do our best to respond to your inquiries and questions quickly!