Adventure Lab Terms of Service
Ver. May 22, 2020
The terms of this agreement (“Terms of Service”) will govern the relationship between you and Adventure Lab, Inc. and its affiliates (“Adventure Lab”) regarding your use of Adventure Lab games, websites and related services (“Service”). Use of the Service is also governed by the Adventure Lab Privacy Policy, which is incorporated herein by reference.
BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
YOU ALSO REPRESENT THAT YOU ARE AGE 13 OR OLDER AND YOU UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. CHILDREN UNDER 13 MUST HAVE THEIR PARENTS CONSENT TO USE THE SERVICE. IF YOU ARE 17 YEARS OR YOUNGER YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
USE OF THE SERVICE
Your License to Use the Service. Adventure Lab grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license subject to the express terms herein to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Restrictions on your use of the Service. The following restrictions apply to your use of the Service. Adventure Lab reserves the right to determine what conduct it considers to be in violation of these restrictions or otherwise outside the intent of these Terms of Service. Adventure Lab reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
You will not:
Use the Service if you have been previously banned by Adventure Lab;
Use the Service for commercial purposes;
Use the Service to advertise, solicit, or transmit any commercial advertisements, such as chain letters, junk or spam e-mail or repetitive messages to anyone;
Engage in any act that Adventure Lab deems in its sole discretion to be in conflict with the spirit or intent of the Service;
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
Disrupt any computer or server used to support the Service;
Engage in any type of attack, including without limitation distribution of a virus or denial of service attacks upon the Service;
Attempt to gain unauthorized access to the Service, or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Adventure Lab;
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group;
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
Solicit personal information from other users of the Service or collect or post anyone’s private information in any form through the Service;
Use the Service while walking in order to minimize the risk of injuries, and instead the Service is intended to be used while you are seated or standing still.
Suspension and Termination of Service. These Terms of Service are effective until terminated. WITHOUT LIMITING ANY OTHER REMEDIES, ADVENTURE LAB MAY LIMIT, SUSPEND, TERMINATE, OR MODIFY YOUR ACCESS TO THE SERVICE IF YOU ARE, OR ADVENTURE LAB SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU MAY LOSE SERVICE PRIVILEGES, AND/OR EARNED OR PURCHASED ITEMS UPON SERVICE TERMINATION AND ADVENTURE LAB IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES. Adventure Lab reserves the right to stop offering or supporting the Service or a particular game in the Service at any time, at which point your license to use the Service or relevant part thereof will be automatically terminated. In such event, Adventure Lab will not be required to provide refunds, benefits or other compensation to you in connection with such discontinued Services. Termination of your access to the Service can include disabling your access to any content you may have previously submitted to the Service.
Payment of Fees. You agree to pay all fees and applicable taxes, if any, incurred by you or anyone using the Service through your login information. Adventure Lab may revise the pricing for the Services at any time. YOU ACKNOWLEDGE THAT ADVENTURE LAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, IF ANY, WHEN THE SERVICE IS TERMINATED.
Service Monitoring. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service.
Public Forums. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Adventure Lab cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Adventure Lab will have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
User Generated Content. You are solely responsible for any information that you post on, through or in connection with the Service (“User Content”). User Content may include any communications you have during your use of the Service, real or virtual images, real or virtual sounds, and all the material, data, and information that you upload or that is transmit through the Service while you play. By transmitting User Content while using the Service you agree that such User Content is: (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. Adventure Lab may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Adventure Lab violates these Terms of Service. You hereby grant to Adventure Lab the unconditional, irrevocable right and license to use and exploit your virtual likeness, virtual voice, and any other information or material that is specifically included in any User Content, without any obligation to you.
Promotions. Any contests, sweepstakes or similar promotions made available through the Service will be governed by the specific rules of the relevant promotion, which are separate from Terms of Service. By participating in any promotion you are subject to such additional terms. It is your responsibility to read all applicable promotion rules and terms prior to participating and to review the Adventure Lab Privacy Policy, which will govern any information you submit in connection with such activities.
CHANGES TO THE TERMS OF SERVICE
You understand that the Service is always evolving. Adventure Lab reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Adventure Lab website. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other Adventure Lab policy, rules or codes of conduct relating to your use of the Service, your license to use the Service will immediately terminate, and you must immediately stop using the Service.
LOGIN INFORMATION AND SECURITY
You may access the Service by registering for the Service via www.adventurelab.fun/book (“Login Information”). You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through the Service using your Login Information. The Service will only support only one per game on a supported device for each unique Login Information.
PRIVACY
Consent to Use of Data. To facilitate product support, product development and Service optimization, you agree that Adventure Lab and certain third parties listed In Appendix A may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your mobile device (including unique device I.D. or UDID), IP address, geo-location, device make and model, operating system, software and applications, including application usage data. Adventure Lab or third parties may collect, store, use and transmit Service data, third party account authorization data, session data, browser identifiers, connection type, carrier information as well as online and Service usage and other purchase metrics, and analytics. Adventure Lab may use this information to develop and improve its products and services, tailor and customize your experience or otherwise understand how you are using the Service. DATA COLLECTED BY THIRD PARTIES WILL BE COLLECTED, USED, STORED, TRANSFERRED AND DISCLOSED PURSUANT TO THAT THIRD PARTY’S PRIVACY POLICY. SEE APPENDIX A FOR A LIST OF THIRD PARTIES THAT MAY COLLECT DATA VIA THE SERVICE. For data collected by or transferred to Adventure Lab, Adventure Lab may collect, use, store, share or transmit this information to third parties in a form that does not personally identify you in accordance with the Adventure Lab Privacy Policy. Personal information, if any, will be collected from or submitted by you through the Service only with your prior consent to the same and may be transferred to or stored on servers and equipment located in a destination outside your country of residence. The personal information of children under the age of 13 will not be collected through the Service without express parental consent. The servers and equipment in which all of your data is stored and processed may be owned and operated by third parties with whom Adventure Lab has contracted with to receive, store and process your personal information. Adventure Lab and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through the Service, you agree to the transfer, storage and processing of your personal information as described herein. IF YOU DO NOT AGREE TO THE COLLECTION, USE, TRANSMISSION AND STORAGE OF YOUR DATA AS DESCRIBED HEREIN DO NOT USE THE SERVICE.
OWNERSHIP
Service. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using the Service) are owned by Adventure Lab. Adventure Lab reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE SERVICE ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ADVENTURE LAB.
User Content. You hereby grant to Adventure Lab an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content, as well as all modified and derivative works thereof in connection with the Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Except as expressly set forth herein, Adventure Lab does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Adventure Lab has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
Digital Content. When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial in connection with the Service. Adventure Lab reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ADVENTURE LAB DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS ON LIABILITY
ADVENTURE LAB WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVENTURE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVENTURE LAB WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ADVENTURE LAB IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO ADVENTURE LAB DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ADVENTURE LAB’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ADVENTURE LAB IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Adventure Lab may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Adventure Lab’ liability will be the minimum permitted under such applicable law. NOTHING IN THESE TERMS OF SERVICE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ADVENTURE LAB.
INDEMNIFICATION
You agree to indemnify, defend and hold Adventure Lab harmless from any claim, demand, damages or other loss, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service or any breach by you of these Terms of Service.
ARBITRATION
If a dispute arises between you and Adventure Lab, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at help@adventurelab.fun.
U.S. RESIDENTS ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION WAIVER. You agree to resolve any claims relating to the Terms of Service or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Adventure Lab will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Adventure Lab may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Adventure Lab may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. You can decline this agreement to arbitrate by sending an email within 30 days of first accepting these Terms of Service to arbitration-opt-out@adventurelab.fun clearly stating that you wish to opt out of arbitration with Adventure Lab and include your first and last name and your email address associated with the Service.
APPLICABLE LAW
If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service will be governed in all respects by California law, without regard to conflict of law provisions, subject to the mandatory arbitration conditions set forth herein. You agree that any claim or dispute you may have against Adventure Lab must be resolved exclusively by a court located in San Francisco County, California. If you are a resident outside of the United States, you agree that all disputes between you and Adventure Lab will be governed by the laws of California, without regard to conflict of law provisions.
If you reside in a Member State of the European Union the laws of England, excluding its conflicts-of-law rules, govern these Terms of Service and your use of the Service, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and your use of the Service will be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms of Service or to any dispute or transaction arising out of these Terms of Service.
GENERAL PROVISIONS
Severability. You and Adventure Lab agree that if any portion of these Terms of Service, or the Adventure Lab Privacy Policy, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which will continue to be in full force and effect.
Assignment. Adventure Lab may assign these Terms of Service in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without Adventure Lab’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies. Adventure Lab may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
No Waiver. The failure of Adventure Lab to require or enforce strict performance by you of any provision of these Terms of Service or the Adventure Lab Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of Adventure Lab’ right to assert or rely upon any such provision or right in that or any other instance.
No Modifications. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Adventure Lab will be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Adventure Lab.
Notices. We may notify you via postings on www.adventurelab.fun, and via e-mail or any other communications means you provide to us. All notices given by you or required from you under these Terms of Service or the Adventure Lab Privacy Policy will be in writing and addressed to the address below. Any notices that you provide without complying with this section will have no legal effect.
Adventure Lab, Inc.
815 Tennessee St., St. 305
San Francisco, CA. 94107
Attn: Legal Department
Force Majeure. Adventure Lab will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Adventure Lab, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Adventure Lab’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Injunctive Relief. You agree that a breach of this Terms of Service may cause irreparable injury to Adventure Lab for which monetary damages would not be an adequate remedy and in such circumstances Adventure Lab will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO SEEK ANY FORM OF INJUNCTIVE OR OTHER EQUITABLE RELIEF RELATED TO YOUR USE OF THE SERVICE AND AGREE TO LIMIT YOUR CLAIMS TO CLAIMS FOR MONETARY DAMAGES AS LIMITED HEREIN.
Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Service to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Adventure Lab is prohibited from transacting business under applicable law.
APPENDIX A