Last modified: August 24, 2021
Treasure Hunters SA is a Swiss company based in Delémont. The company publishes and operates a mobile application called Treasure Hunters.
These Terms govern your interaction with all of the websites we own or operate ("Sites"), the purchase of any Treasure Hunters merchandise, participation in Treasure Hunters live events or promotions ("Events"), and generally your use of any Treasure Hunters product or service (together with the Apps and the Platform, the "Services").
Certain exceptions to the Terms may apply depending on your country of residence - please see the country-specific sections below.
These Terms are entered into between you and Treasure Hunters SA, Route de Rossemaison 100, 2800 Delémont, Switzerland referred to as "we" or "Treasure Hunters" in these Terms.
By using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services. Treasure Hunters may change these Terms at any time, and if we do, we will notify you by posting the changed Terms on the Site or the App. It is important that you review all amended Terms before continuing to use the Services. If you continue to use the Services, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, you may not use the Services.
SECTION 14 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. If you are a user from the European Economic Area ("EEA") or any other country that does not permit such an arbitration agreement, Section 14 does not apply to you.
If you fail to comply with these Terms, we may take action against you, which includes, but is not limited to, termination of your account. You agree that Treasure Hunters has no obligation to, and will not, refund you or return any Services lost due to involuntary suspension or termination of your account.
3. Use of the Services
Treasure Hunters prohibits cheating, and we are constantly taking steps to improve our anti-cheating measures. Cheating includes any action that attempts to alter or interfere with or modifies or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behaviors on your own behalf or on behalf of others:
• Accessing the Services in an unauthorized manner (including the use of modified or unofficial third-party software);
• Playing with multiple accounts for the same Service;
• Account sharing;
• Use any technique to alter or falsify the location of a device (e.g., GPS spoofing); and/or Sell or trade accounts.
Furthermore, Treasure Hunters NV reserves the right not to distribute the prizes in cases where the will of the players to violate the rules of the game by any deceitful means seems obvious. The aforementioned company will not tolerate any process that circumvents the functionality of the game as originally developed. Identity checks may be carried out in case of doubt.
3.2 Safe and proper use
When using our Services, be aware of your surroundings and play and communicate safely. You agree that you use the Services at your own risk and that you will not use the Services to violate any applicable laws, regulations, event rules or instructions described in these Terms and that you will not encourage or permit anyone to do so.
You further agree that, in connection with your use of the Services, you will not make available any Content (defined below) that is illegal, inappropriate or commercial. You agree not to submit any inaccurate, misleading or inappropriate Content, including data submissions, modifications or requests for deletion.
3.3 Your interactions with other people
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and others in the real world. You will not harass, threaten or violate the legal rights of others. You will not trespass or otherwise attempt to gain or gain access to any property or location where you do not have the right or permission to be, and you will not engage in any other activity that may result in injury, death, property damage, nuisance or liability of any kind. In the event you have a dispute with a third party regarding your use of the Services, you release Treasure Hunters (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (whether based on contract or tort) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
3.4 Eligibility and Account Registration
If you wish to use certain Services, you will need to create an account with us (an "Account"), and you will also need access to a supported cell phone and an internet connection. Devices using IOS version 13 or higher and Android version 7.1 or higher are supported. Devices on which the user has bypassed the developer's IT security measures, for example by gaining non-standard access privileges (jailbreak or rooting techniques), are not supported.
You can create an account using :
• your pre-existing Google Account;
• your pre-existing Apple account;
• your pre-existing Facebook account;
• a Treasure account or other third party account that we support, as selected by you on the account creation screen of the Application.
You agree not to share your password with anyone and to notify us immediately of any unauthorized use of your account. Treasure Hunters takes its account security obligations seriously; however, you are responsible for all activities that occur on your account, whether or not you have knowledge of them.
3.5 Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, in our sole discretion, at any time and without notice, including if:
• you fail to comply with these Terms;
• we suspect fraud, cheating or misuse by you of the Content or Services;
• we suspect any other illegal activity related to your Account.
If your account is inactive (i.e., not in use or open) for a period of time, we will notify you through the Services or the Application prior to termination of your account.
You may terminate your Account at any time by going to the Application settings or by contacting Treasure Hunters by email. Upon termination of any service or your account, the following provisions of these Terms will remain in effect: Content and Rights in Content, Rights Granted by You, Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution, General and this termination provision. The data of users who have had their account terminated, for example for cheating, will be retained for 12 months by Treasure Hunters.
3.6 Who can use our Services?
Unless otherwise specified for a particular Service, children are not permitted to use the Services. A "Child" is a person
• under 13 years of age (for residents outside the EEA, except the Republic of Korea);
• under the age of 16 or younger than the age required to consent to the processing of personal data in their country of residence (for EEA residents); or
• under the age of 14 (for residents of the Republic of Korea).
For Services that allow participation by Children, parents or legal guardians "Parents" must provide verified consent. Where Parental consent is required, Treasure Hunters recommends that Parents monitor the Child's online activities and use of the Service.
Purchases made through the Services are limited to Account holders who:
• are old enough to consent to a contract in their country of residence;
• if they are younger, have the consent of a Parent to use the Service.
Parents may review their device settings for the App to restrict a Child's purchases on the App, and should also monitor activity on their Child's Account, including the purchase of Virtual Currency or Virtual Goods.
Furthermore, it is hereby clarified that certain types of Services will only be available to players of legal age, in accordance with the prizes and winnings made available by Treasure Hunters' partners. Therefore, in some cases, it will be impossible for minors to take part in quests, even if their legal representatives ratify their participation.
Employees as well as all persons living in the same household as an employee of Treasure Hunters waive the use of the application in order to avoid any conflict of interest.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREASURE HUNTERS DISCLAIMS ALL LIABILITY FOR ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT PARENTAL PERMISSION. IF YOU ARE A PARENT AND YOU ALLOW YOUR CHILD TO REGISTER FOR ANY OF THESE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS FOR YOUR CHILD'S USE OF THE SERVICES.
4. Limited Use License
Subject to your compliance with these Terms, Treasure Hunters grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the Apps on a mobile device and to use that copy of the Apps solely for your personal, non-commercial purposes. Except as expressly permitted by these Terms or under applicable law, you may not:
• copy, modify or create derivative works based on the Applications;
• distribute, transfer, sublicense, rent, lend or lease the Applications to a third party;
• use reverse engineering techniques, decompile or disassemble the ;
• make the functionality of the Applications accessible to multiple users by any means.
Treasure Hunters reserves all rights in and to the Applications not expressly granted to you by these Terms.
5. Content and Content Rights
Subject to your compliance with these Terms, Treasure Hunters grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to download, view, display and use the Content solely for your authorized use in the Services. "Content" means text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided or otherwise made available through the Services, including User Content. "User Content" means any Content that a user of a Service provides to be made available through the Services.
5.1 Ownership of Content
Treasure Hunters does not claim any ownership rights in the User Content and nothing in these Terms limits the rights you may have to use and exploit your User Content. Subject to the foregoing, Treasure Hunters and its licensors own exclusively all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of Switzerland and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices contained in or accompanying the Services or Content.
5.2 Right granted by you
By making any User Content available through the Services, you grant Treasure Hunters a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted by applicable law, a license for the full term, including any extensions, of all relevant rights under any applicable law), to use, copy, modify, create, publicly display, perform, sell, promote, and distribute the User Content in connection with the operation and offering of the Services and content to you and others. By agreeing to these Terms, you allow Treasure Hunters to freely enjoy the above rights, including, but not limited to:
• The right to reproduce the User Content by any means and in any form.
• The right to publicly or privately broadcast or make available the User Content (or any product containing the User Content), for payment or free of charge in any location by any means or process now known or unknown, including, but not limited to, the Internet, pay-per-view, pay-per-play, theatrical or television broadcasts, DVDs and the press.
• The right to use the User Content for demonstration, promotion and advertising of all Treasure Hunters Services.
• The right to produce or commission the production of any new product or service from the User Content or any product containing or using the User Content, reproduced as is or modified by Treasure Hunters or any third party of its choice.
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or that you have all rights necessary to license your User Content to us in accordance with these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by Treasure Hunters on or through the Services will infringe, misappropriate or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree not to exercise your moral rights (or equivalent rights under applicable law), such as your right to be identified as the author of any User Content, against Treasure Hunters or any third party designated by Treasure Hunters.
5.3 Money and virtual goods
The Application allows the purchase of virtual currency "Virtual Currency", the use of such Virtual Currency to purchase virtual items or services expressly available for use in the respective Applications "Virtual Goods". Virtual Currency is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in the Virtual Currency or Virtual Goods. Any balance of Virtual Goods or Virtual Currency does not reflect any stored value and you agree that Virtual Currency and Virtual Goods have no monetary value and do not constitute currency or property of any kind. Virtual Currency can only be exchanged for Virtual Goods and can never be sold, transferred or exchanged for "real" money, "real" goods or "real" services from us or anyone else. You agree that you will obtain Virtual Currency and/or Virtual Goods only from us and through the means we provide to you, and not from any third party, unless expressly authorized. Once you have acquired a license to use the Virtual Currency or Virtual Goods, you may not transfer them to another individual or account. Any such transfer, sale or exchange (or attempted sale, transfer or exchange) is prohibited, is a violation of these Terms and may result in cancellation of the Virtual Currency or Virtual Goods or termination of your Account.
During the term of your Virtual Currency license, you may exchange your Virtual Currency for selected Virtual Goods. As stated below, all Virtual Currency, Virtual Goods and other Content are provided "as is" without warranty of any kind. You agree that all sales from us to you of Virtual Currency and Virtual Goods are final and that we will not allow the exchange or refund of unused Virtual Currency or Virtual Goods once the transaction is completed.
Generally, we have the right to offer, modify, delete and/or terminate the Virtual Mansion, Virtual Goods, Content and/or Services, or any portion thereof, at any time without notice or liability to you. If we discontinue the use of the Virtual Mine or Virtual Goods, we will notify you at least 60 days in advance by posting a notice through the Services or other communications.
5.4 Comments ('Feedback')
You can provide us with your comments, feedback and suggestions for improving the Comment Services by contacting us on social networks or through our support mechanisms. Suggestions are a form of User Content.
5.5 Copyright Regulations
Treasure Hunters respects copyright and expects its users to do the same. It is Treasure Hunters' policy to terminate, in appropriate circumstances, the activities of account holders who infringe or are suspected of infringing the rights of copyright owners.
6. Conduct, General Prohibitions and Enforcement Rights of Treasure Hunters
You agree that you are responsible for your conduct and User Content while using the Services, and for all consequences thereof. In addition, you agree not to do any of the following, unless authorized by applicable law:
• collect, store or share any personally identifiable information from other users of the Services without their express permission;
• extract, scrape or index the Services or Content (including user information or game principles);
• use the Services or the Content, or any portion thereof, for any commercial purpose or in any manner not authorized by these Terms, including, but not limited to
a) the collection of Application items or resources for sale outside of the Applications,
b) the provision of Services within the Applications against payment outside the Applications,
c) selling, reselling or leasing the Applications or your account;
• Attempt to access or search the Services or Content or to download Content from the Services through the use of any technology or means other than those provided by Treasure Hunters or other generally accessible third party web browsers (including, without limitation, automation software, robots, spiders, data mining or hacking tools, tools, agents, engines or devices of any kind);
• attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Services or the Content;
• circumvent, delete, disable, descramble or otherwise bypass any technological measures implemented by Treasure Hunters, any of its suppliers or any other third party (including another user) to protect the Services or the Content;
• Use, display, mirror or frame the Services or any individual element of the Services, the Treasure Hunters name, any Treasure Hunters trademark, logo or other proprietary information, or the layout and design of any page or Application without the express written consent of Treasure Hunters;
• post, publish, submit or transmit any Content that infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property, publicity or privacy rights of any third party;
• access, modify or use non-public areas of the Services, Treasure Hunters' computer systems or the technical delivery systems of Treasure Hunters' suppliers;
• attempt to probe, scan or test the vulnerability of any Treasure Hunters system, network or Service, or to breach any security or authentication measures;
• Use any meta tag or other hidden text or metadata using a Treasure Hunters brand, logo, URL or product name without the express written consent of Treasure Hunters;
• Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or otherwise use the Services or the Content to send altered, misleading, or false source identification information;
• interfere or attempt to interfere with any user, host or network access, including, but not limited to, posting a virus, overloading, flooding, spamming, or mailbombing the Services;
• remove, obscure or otherwise modify any attribution, warning or link that appears in the Services or Content;
• violate any applicable law or regulation;
• encourage or permit any other person to do any of the foregoing.
While Treasure Hunters has no obligation to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms and complying with applicable laws or other legal requirements. We reserve the right to remove or disable access to any Content at any time without notice. Treasure Hunters may remove any Content that we deem objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities in prosecuting users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APPLICATION, IS A VIOLATION OF TREASURE HUNTERS' TERMS AND CONDITIONS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
7. Participation in Events
7.1 Events and Tickets Registration
The term "Event(s)" means any event, gathering, activity or other that is directly organized, hosted or managed by Treasure Hunters, and any Promotion (as defined below). By registering or, if necessary, purchasing tickets to an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant that you have all necessary rights and consents to register and provide such information on behalf of such others.
Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of tickets for an Event are permitted and tickets are not transferable. Reasonably acceptable proof of identity, such as a driver's license or passport, showing the same first and last name as provided at the time of pre-registration, may be required for access to an Event. Actual or attempted resale of tickets will subject the tickets to cancellation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen or forged and may not be accepted. Tickets cannot be replaced in the event of loss, theft or destruction. Commercial use of tickets is prohibited without written permission from Treasure Hunters. Tickets are not redeemable for cash or credit. You agree to abide by all published limitations or restrictions on tickets, and orders exceeding or violating such restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and Treasure Hunters does not guarantee your ability to purchase a ticket or attend an Event.
7.2 Course of the Event and Rules
You must, at all times, comply with all applicable laws and all rules and policies provided by Treasure Hunters or any other authorized party involved in the creation or delivery of the Event, including all health and safety regulations and procedures and all reasonable instructions of Site staff and Treasure Hunters representatives during the Event. As a condition of participation, you agree to comply with all rules and regulations on the Sites, including, without limitation, any website related to the Event.
Illegal drugs, controlled substances, contraband, weapons and illegal items are prohibited at the Events. You agree and consent to reasonable security measures and search upon entry. To the fullest extent permitted by applicable law, you waive and release Treasure Hunters and any other party involved in the creation or execution of the Event from any and all claims, demands, causes of action, damages, losses, expenses or liabilities that may arise from such security precautions and/or searches. If you choose not to consent to certain security precautions and/or searches, you may be denied access to or expelled from an Event without refund or other compensation.
Treasure Hunters and its authorized third parties reserve the right to refuse admission to or expel from an Event, without refund or compensation of any kind, any person who
• does not comply with these Terms,
• engages in disorderly conduct or willful misconduct, or
• is suspected by Treasure Hunters or its authorized third parties to have an adverse effect on the Event, participants, spectators and/or staff.
Any minor attending an Event must be accompanied by a Parent.
7.3 Risk management
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in, or attending an Event, you voluntarily, knowingly, and willingly assume all risks before, during, or after the Event, including injury from any cause and damage to, or loss or theft of, property. You acknowledge that the Events, and certain activities at the Events, involve inherent and unforeseen risks, including
• contact or collision with people or objects,
• Obstacles (e.g., natural or artificial water, road and surface hazards)
• Equipment risks (e.g., broken, defective or inadequate equipment, unexpected equipment failure),
• weather-related hazards,
• inadequate first aid and/or emergency measures,
• judgment and/or behavioral issues (e.g., erratic or inappropriate participant, co-participant, or spectator, or errors in judgment by personnel at the Event) and (g) natural hazards (uneven or difficult terrain, wildlife and insects, contact with plants).
You agree to take reasonable precautions before attending or participating in an Event and its activities, such as consulting a physician and ensuring that you are in good physical health, wearing appropriate clothing and bringing necessary or recommended equipment. You further understand and acknowledge that it is your responsibility to inspect the grounds, facilities, equipment and areas of the Event and that by participating in the Event, you acknowledge that the grounds, facilities, equipment and areas to be used are safe, adequate and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and to cease participation in the Event.
To the extent permitted by applicable law, you hereby waive any and all claims, demands, causes of action, damages, losses, expenses or liability that may arise from your participation in an Event, including for negligence, inherent and unforeseen risks, injuries or damages to persons or property and actions of third parties or participants and spectators at the Event.
7.4 Event Features and Cancellation
Subject to applicable law, all schedules and all experiences, activities, goods, services, benefits, items, rewards and/or Content (collectively, the "Event Features") advertised live or in-game as part of an Event are not guaranteed and may be changed or cancelled at any time prior to or during an Event without notice or compensation of any kind. Admission to an Event does not guarantee any Event Feature for the duration of the Event.
The date, time and/or location of the Event may change at any time, and Treasure Hunters will make a reasonable commercial effort to notify you in advance of any material changes. If an Event is cancelled, suspended or rescheduled and you are unable to attend, you will not be entitled to any compensation other than a refund of the ticket price at face value, without further liability or compensation from Treasure Hunters or any other party. Any travel or lodging expenses are entirely your responsibility.
7.5 Recording and Using Your Portrait
You consent and approve of Treasure Hunters recording your image, likeness, name, dialogue, biographical information, personal characteristics and voice at Events and using such information royalty-free subject to the terms of the "Rights Granted by You" section above. Treasure Hunters may publish the results of any contest (including rankings and winners), game statistics and participant photos in promotional and marketing materials and on social media in accordance with these Terms.
8. Sweepstakes, contests, raffles, surveys and similar promotions
9. Earnings, deliveries, returns
9.1 Delivery - Transport
Delivery is made by direct delivery of the winning prize to the winner at the winner's designated residence by a carrier or postal service at Treasure Hunters' expense.
In some cases, a notice of availability may be issued by the company for certain types of prizes that are of significant financial value or for which transportation costs would be disproportionate or inappropriate. In such cases, the person is required to come to the company's premises to collect the prize.
If you notice upon receipt of a product that it is defective, the case may be covered by the DOA (Dead on Arrival) warranty. It is generally applicable for many items. In order to benefit from this guarantee, it is important that the defect is reported to us directly after receipt of the goods. The product must be returned within 7 days in its original packaging.
9.2 Transfer of risk
The transfer of risk takes place when the prize is handed over to the carrier or when the person leaves the company's premises to collect the prize. The goods thus travel at the risk of the person receiving the prize, who is responsible, in the event of loss or default, for making any reservation or exercising any recourse with the carriers responsible.
9.3 Return of defective lots
Many manufacturers have a service center that you can contact directly. In this case, you should send or bring the article directly to the service center. This will speed up the warranty process and provide you with direct contact options.
To find out if the product is still under warranty, please contact us first. If this is the case, we will provide you with an invoice that you will have to present to the service center when you send the batch.
When sending back the goods, do not forget to enclose an exact description of the problem, as well as the invoice. Defective items must be returned undamaged and complete, in their original packaging, within 10 days of the defect being discovered. The shipping costs related to the return are at the expense of the third party.
9.4 Warranty - Liability
Treasure Hunters can in no way be held responsible for defects and deterioration of the products delivered as a result of abnormal or non-compliant conditions of storage or use after delivery of the latter.
The products are guaranteed against defects in materials and workmanship in accordance with the warranty provided for each product by Treasure Hunters' business partners.
Defects and damage caused by natural wear and tear or by external accidents (incorrect assembly, defective maintenance, abnormal use) or by an unplanned or unspecified modification of the product are excluded from the warranty.
Any other liability of the company is excluded, as well as any other guarantee on which the third party would rely.
In addition, under any circumstances, the company's responsibility for the replacement of the defective lot shall not exceed the value of the product that is the subject of the claim.
10. Beta Programs
Treasure Hunters may offer you early access to certain pre-release mobile application software "Beta Software" to allow you to test and provide feedback on Beta Software as part of Treasure Hunters' beta testing program "Beta Program. This section applies only to closed Beta Programs, for which Treasure Hunters provides private access to selected testers. This section does not apply to Open Beta Programs that Treasure Hunters makes available to the public on an app store.
You acknowledge that all product features or content, game documentation, promotional materials and/or any other information that Treasure Hunters may provide to you in connection with the Beta Program "Test Material", the Beta Software, as well as anything related to the Beta Program is the sole property of Treasure Hunters, is confidential and shall be treated as confidential until released by Treasure Hunters.
If Treasure Hunters provides you with access to the Beta Software, Treasure Hunters grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software, subject to your compliance with these Terms, solely for the purpose of testing the Beta Software and providing feedback on the Beta Program.
Without limiting the foregoing and except to the extent prohibited by applicable law, the following is prohibited and you may not:
• copy, modify or create derivative works based on the Beta Software;
• give or sell the Beta Software to anyone;
• use reverse engineering techniques, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
• install the Beta Software on systems that you do not directly control or that you share with others;
• discuss or demonstrate the Beta Software with anyone outside of Treasure Hunters;
• blog, tweet, or otherwise publicly post information about the Beta Software;
• take screenshots, photos, videos or audio recordings of the Beta Software unless Treasure Hunters has given you written permission to do so; or
• make the Beta Feedback (as defined below) available to any third party without the prior written approval of Treasure Hunters.
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film or photograph the Beta Software. Please notify Treasure Hunters promptly of any unauthorized access or suspected security breach of your account.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership or employment relationship between you and Treasure Hunters, and you will not be compensated for your participation or for any Beta Feedback.
Unless prohibited by applicable law, all trial materials are provided to you "as is" without any express or implied warranty of any kind. You understand that the Beta Software is under development and may contain errors, bugs and other problems that could cause data loss and/or system failure. You must install the Beta Software on non-productive devices that are not critical to the business and have been backed up. To the extent permitted by applicable law, Treasure Hunters is not responsible for any damages you may suffer as a result of your participation in the Beta Program.
You agree that any breach of your duty of confidentiality will cause Treasure Hunters irreparable harm, the extent of which would be difficult to determine, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event of a breach of your duty of confidentiality, Treasure Hunters shall be entitled to such protective or other equitable relief as the court deems appropriate, in addition to any other remedies it may have.
11. Websites or Third Party Resources
The Services may contain links to third party websites or resources. Treasure Hunters provides these links only as a convenience and is not responsible for the content, products or services available on or from such websites or resources, or the links posted on such sites. To the extent permitted by applicable law, you acknowledge sole responsibility for, and assume all risks arising from, your use of such third-party websites or resources.
Treasure Hunters is not responsible for the availability or quality of third party services, including cellular phone networks, wireless Internet access points and other services. These third party services may affect your ability to use the Services or participate in an Event and you hereby waive any and all claims, demands, causes of action, damages, losses, expenses or liability that may arise from, result from or relate in any way to such third party services against Treasure Hunters and any other party involved in creating or providing the Services.
12. Exclusion of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ONLINE AND OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT TREASURE HUNTERS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OF THE SERVICES. TREASURE HUNTERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, ESPECIALLY IF YOU CHOOSE TO MEET OFFLINE OR IN PERSON.
13. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TREASURE HUNTERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA OR GOODWILL, INTERRUPTION OF SERVICE, COMPUTER DAMAGE, SYSTEM FAILURE OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF, OR INABILITY TO USE, THESE SERVICES OR CONTENT, OR ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREASURE HUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREASURE HUNTERS' TOTAL LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS, AN EVENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND FRANCS (CHF 1,000.-). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN TREASURE HUNTERS AND YOU.
14. Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND TREASURE HUNTERS WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS DOES NOT APPLY:
• IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION THAT DOES NOT PERMIT THIS ARBITRATION AGREEMENT,
• IF YOU WITHDRAW FROM ARBITRATION AS DESCRIBED UNDER "ARBITRATION" BELOW,
• OR TO CERTAIN TYPES OF DISPUTES DESCRIBED UNDER SECTION 13.1, "ARBITRATION", BELOW.
15.1 Entire Agreement
These Terms constitute the entire and only agreement between Treasure Hunters and you with respect to the Services and the Content, and these Terms supersede any prior oral or written agreement or understanding between Treasure Hunters and you with respect to the Services and the Content.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Treasure Hunters. Any attempt by you to assign or transfer these Terms without such consent will be void. Treasure Hunters may freely assign or transfer these Terms without restriction, and the assignor will not be jointly and severally liable. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
15.3 Force Majeure
Neither Treasure Hunters, nor any user, nor any other party involved in creating, producing or delivering the Services or Content shall be liable for any damage, injury, non-performance or delay in performance resulting from weather conditions, fire, flood, act of terrorism or foreign enemy, satellite or network failure, government order or regulation, any trade dispute or any other cause beyond its control.
Any notice or other communication provided by Treasure Hunters under these Terms, including those regarding changes to these Terms, will be provided:
• by e-mail;
• or by posting it on the Services.
For notices provided by e-mail, the date of receipt will be deemed to be the date the notice is transmitted to any e-mail address you provide.
The failure of Treasure Hunters to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any such right or provision shall be effective only if in writing and signed by an authorized representative of Treasure Hunters. Except as otherwise provided in these Terms, the exercise by a party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise.
15.6 Contact Information
If you have any questions regarding these Terms or the Services, please contact Treasure Hunters at [email protected]
or at the following address Route de Rossemaison 100, 2800 Delémont, Switzerland.
16. Specific Conditions for Residents of the Republic of Korea
16.1 Purchases Made by End Users in the Republic of Korea
If you are a resident of the Republic of Korea, the Electronic Commerce Act grants you certain rights to obtain a refund within seven (7) days of your purchase. However, please note that once you exchange Virtual Currency for Virtual Goods within the Application, it will no longer be possible to obtain a refund. We reserve the right to monitor, regulate, modify or remove any Virtual Currency or Virtual Goods as permitted by applicable law, without any liability to you.
17. Specific Conditions for EEA Residents
17.1 Purchasing and Reimbursement Services
If you reside in the EEA, you have certain withdrawal rights after making online purchases. However, please note that once you download Virtual Currency from us, your right of withdrawal ends. You agree that
• the purchase of Virtual Currency implies the immediate download of such Content;
• you lose your right of withdrawal once your purchase is completed.
If you are a resident of the EEA, we will provide you with a VAT invoice where required by law. You agree that such invoices may be in electronic form. We reserve the right to monitor, regulate, modify or remove any Virtual Currency or Virtual Goods without any liability to you.
18. Specific Conditions for Residents of Germany
18.1 Limitation of liability
In the event of intent or gross negligence, including on the part of its representatives and vicarious agents (Erfüllungsgehilfen), each party shall be liable in accordance with the statutory provisions. The same shall apply to intentional damage resulting from injury to life, limb or health, to damage resulting from a breach of a warranty of quality (Beschaffenheitsgarantie) and to fraudulently concealed defects (Arglistig verschwiegene Mängel).
In the case of material and financial damage (Sach- und Vermögensschäden) caused by slight negligence on the part of either party, its representatives or agents, the party in question shall only be liable for breach of an essential contractual obligation (wesentliche Vertragspflicht), which shall, however, be limited to the amount of damage foreseeable at the time of the conclusion of the contract and customary in view of the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Essential contractual obligations are those whose fulfilment enables the proper performance of the contract and which the contracting parties expect to be observed.
19. Applicable law and jurisdiction
Any dispute arising from or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic and Canton of Jura, the cantonal jurisdiction of the place where the premises and the economic center of the company Treasure Hunters SA are located.