terms of service
The Terms and Conditions below are effective for all users.
Last Updated on August 31, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Our Treasure Hunt mobile application and web platform (the "Service"), collectively a service offered by The Great Outdoors, LLC, a limited liability company organized under the laws of Minnesota (“Our Treasure Hunt”, "us", "we", or "our").
Your use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Accounts
To be able to use our mobile application or web service for creating treasure hunts, you must create an account with us. By creating an account, you guarantee that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Communications
You agree that Our Treasure Hunt may contact you by email in connection with our services. You also understand that you may opt out of receiving email messages at any time by contacting us at the email address below. If you do not choose to opt out, Our Treasure Hunt may contact you as outlined in its User Privacy Policy.
You may not create user content within the Our Treasure Hunt platform, or post to Our Treasure Hunt’s social media or any other Our Treasure Hunt Forum or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive;
harasses or advocates harassment of another person;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without Our Treasure Hunt‘s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.
With respect to any User Content you create in authoring a hunt, or submitted by you to Our Treasure Hunt’s social media accounts, you hereby represent and warrant to Our Treasure Hunt that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Our Treasure Hunt or any third party; (II) submit User Content that is unlawful, dangerous, harmful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Our Treasure Hunt reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify Our Treasure Hunt and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights. Our Treasure Hunt reserves the right to remove any content for any reason.
Intellectual Property Rights
All information, materials, images, works of art, graphics, video, photographs, articles, functions, text and other content contained, displayed or reflected on the Application (collectively, “Application Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Application Content, are the exclusive property of Our Treasure Hunt, its licensors or content providers or other third parties. The Application and the Application Content, including the selection and arrangement of the Application Content, is owned by Our Treasure Hunt and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Application Content without Our Treasure Hunt’s prior written permission. You agree that, without prior, written authorization from Our Treasure Hunt you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Application Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.
Content
The Service provides information pertinent to drivers, especially commercial truck drivers, including but not limited to locations of weigh stations, optimal directions with safe turns, best routes, and directions conducive to large vehicles. We invite our Users to contribute to the information we provide. Any opinions, advice, statements, or other information or content contained in the Service is provided by our Users and not by Our Treasure Hunt. While we do not undertake or assume any obligation to monitor Third Party Content, and do not guarantee or endorse its accuracy, completeness or reliability and assume no responsibility or liability that may arise from your reliance on any Third-Party Content, we will remove any content that we learn to be inaccurate in a commercially reasonable time upon learning of its inaccuracy.
Availability
Our Treasure Hunt reserves the right at any time to modify or discontinue, temporarily or permanently, the Service, or any portion thereof, without notice to you. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Service.
Indemnification
You agree to defend, indemnify and hold harmless Our Treasure Hunt and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation of Liability
In no event shall Our Treasure Hunt, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use of the Service; or (ii) any conduct or content of any third party on the Service whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions. Any and all law suits brought against the Company shall be filed in the federal or state court of competent jurisdiction in Hennepin County, Minnesota.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Site Terms, including User Privacy Policy incorporated herein by reference, represent the entire agreement between Our Treasure Hunt and you relating to the subject matter contained herein.
If you have any questions about these Terms, please contact us.