Last Updated: August 26, 2020.
Hi there! We are Amped Labs UG (haftungsbeschränkt) (“us” “our” “we”). These terms of service (“Agreement”) constitute a legally binding contract that governs your use of our applications and websites including Scavengar (“Services”).
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW YOU CAN BRING CLAIMS AGAINST US. NOTABLY, THIS AGREEMENT REQUIRES YOU TO TO SUBMIT ALL CLAIMS THAT YOU HAVE AGAINST US TO A BINDING, FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT THIS AGREEMENT EXPRESSLY LIMITS YOUR ABILITY TO BRING A CLAIM AGAINST US IN COURT. IT ALSO EXPRESSLY LIMITS YOUR ABILITY TO FILE OR JOIN A CLASS-ACTION LAWSUIT (OR ANY SIMILAR KIND OF COLLECTIVE, REPRESENTATIVE ACTION) AGAINST US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY — INCLUDING THE PARTS RELATING TO ARBITRATION — AND UNDERSTAND ALL THE TERMS. YOU ALSO EXPRESSLY ACKNOWLEDGED THAT YOU HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF AGREEING TO SUCH ARBITRATION.
By using our Services, you hereby: (1) acknowledge that you had a chance to review Agreement; (2) acknowledge that you understand this Agreement (including the section about Arbitration); and (3) agree to all the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OUR SERVICES.
- Our Right to Amend this Agreement.
We may amend this Agreement from time to time. Our amendments become effective upon us posting the amended Agreement at this location. Continued use of our services after such posting constitutes your consent to such amendments. Aside from posting such amendments at this location, we do not have any other duty to notify you of such amendments. Unless our amendment makes material changes to the arbitration terms, you agree that the amendments do not create a renewed opportunity for you to out of arbitration.
Only persons who can form legally binding contracts may use our Services. Among other things, this means that we do not offer our Services to minors (i.e. persons under the age of 18). By using our Services, you represent to us that you are at least 18 years old and that you have the capacity to enter into this Agreement.
- Memberships and Subscriptions.
3.1) Becoming a member
a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit a name and optionally an email address to us. If you provide an email address, you need to confirm the link we sent you via email on the device you have the Scavengar app installed. You are responsible for maintaining the confidentiality of your account and for restricting access to your Device. You may not register for more than one Member account.
c) By registering for a Scavengar account, the Products, you warrant that:
(i)You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the products does not violate any applicable law or regulation.
3.2) Once a member
You are responsible for maintaining the confidentiality of your account, other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
3.3)Use of Scavengar by minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
By agreeing to become a Member you may receive marketing and survey communication emails with respect to the product. You can easily unsubscribe from Scavengar’s commercial emails by following the opt-out instruction in these emails.
Scavengar membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted or free accounts or subscriptions.
a)Scavengar account holders may access the Products in two ways:
(i) "Basics": a free-of-charge program, which gives access to limited features on the app for lifetime.
(ii) Paid Subscription (“Scavengar-Premium”): a subscription fee-based program, which gives access to all content including and beyond the "Basics" offering. You will only have access to Scavenger-Premium while your subscription is active and subsisting. You may access Scavengar-Premium in the following ways: by purchasing a subscription to the Products from the Website, within the Apps or where allowed by the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone or iPad application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. Additionally, you may receive access to Scavengar-Premium’s Membership via your Community (as defined and further outlined in section "CORPORATE AND OTHER CONSUMER COMMUNITIES"). In such instance, you may still be required to provide your payment information in order to access Scavengar-Premium.
(b) You may access your Premium Membership account via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(c) Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Scavengar is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Scavengar is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) Scavengar may offer certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in Scavengar-Premium’s Membership; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). Scavengar reserves the right to determine if you are a Qualifying User in our sole discretion.
(g) You agree to promptly notify Scavengar of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(h) In the course of your use of the Products, Scavengar and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Scavengar and Scavengar’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(i)Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Scavengar for commercial purposes.
3.6) Device requirements
To enjoy Scavengar via your iPhone or iPad, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Apple Appstore.
3.7) Corporate and other consumer communities
Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Scavengar-Premium's access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
3.8) Changing fees and charges
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
- Cancellation of services.
4.1) Cancellation by you
(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing firstname.lastname@example.org.
(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing email@example.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store.
(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
4.2) Cancellation by us
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
4.3) Promotion and discounts
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
- Fees and Purchase Terms.
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual credits, all for use in Amped Labs UG (haftungsbeschränkt) games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Amped Labs UG (haftungsbeschränkt) may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Amped Labs UG (haftungsbeschränkt) shall have no liability to you or any third party in the event that Amped Labs UG (haftungsbeschränkt) exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Amped Labs UG (haftungsbeschränkt), another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Amped Labs UG (haftungsbeschränkt) games is a service provided by Amped Labs UG (haftungsbeschränkt) that commences immediately upon acceptance by Amped Labs UG (haftungsbeschränkt) of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Amped Labs UG (haftungsbeschränkt) may revise the pricing for the goods and services offered through the Service at any time.
YOU ACKNOWLEDGE THAT AMPED LABS UG (haftungsbeschränkt) IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- Commercial Use.
It is hereby expressively prohibited to use any of the content within the app for commercial use. This includes the use of the app within an organization. Any use of the app for commercial purposes, which includes, but is not limited to marketing activations, city tours, employee onboarding, team-building, or gamification of events, need permissions from the Amped Labs UG (haftungsbeschränkt) and can be requested at firstname.lastname@example.org.
- Official Rules.
By using our services, you hereby agree to be bound by any additional terms and conditions that we specify from time to time. Among other things, your use of our services is subject to the terms stated in the Scavengar Official Contest Rules. Communications from Us. By using our Services, you hereby agree to receive communication from us. We may contact you by email or push notifications. The emails and push notification messages that we send you may be generated by automated systems. Among other things, we may contact you about: (1) any issues relating to your account; (2) updates concerning new and existing features of our Services; (3) promotions run by us or our third- party partners; and (4) news regarding us.
We may — at our sole discretion — may make promotions with different features to our current and prospective users. Unless we offer the promotion directly to you, the promotions that we offer to other users have no bearing on your Agreement or relationship with us. We reserve the right to withhold or deduct credits/benefits that you obtained from us obtained through a promotion if we determine (or have a reason to believe) that you received the credit/benefit through error, fraudulent conduct, illegal conduct, in violation of the applicable promotion terms, or in violation of this Agreement.
- Referral Program.
From time to time, we may offer monetary or nonmonetary incentives to our users for referring our Services to other prospective users. We may set or change the incentive type, amount, terms, restrictions, and qualification requirements at any time based on our sole discretion. Users may only transfer out a cash balance that is greater than or equal to $10. Your participation in these referral programs are subject to this Agreement and any additional rules/policies we create for that referral program.
- Right to Terminate Our Services.
At any time for any reason, we may immediately: (1) terminate this Agreement; (2) stop offering our services to you; and (3) deny you from accessing our Services. If we stop offering our services to you or deny you from accessing our Services, all the terms of this Agreement will survive and you will still be bound by the terms.
- Restricted Activities.
When using our Services, you agree that you will not engage in the following conduct or other similar conduct:
a. Violate any law, statute, rule, permit, ordinance, or regulation; b. Stalk, threaten, or otherwise harass any person; c. Interfere or otherwise disrupt our Services; d. Use our Services in any manner that infringes on another party's rights including copyright, patent, trademark, trade secret, other proprietary rights, publicity rights, or privacy rights; e. “Frame” or “mirror” any part of our Services without our prior written consent; f. Use meta tags, codes, or other devices containing any reference to us or our Services for the purposes of directing another person to any other website or services; g. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services; h. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or Cause another person to engage in the restricted activities above.
- Personal Use Only.
We provide our Services for personal use only. You may not use our Services for any commercial purposes (e.g. advertising or soliciting products/services that we do not offer).
- Intellectual Property.
We own all the intellectual property rights in our Services. Among other things, these rights include database rights, copyright, design rights, trademarks, and other similar rights wherever they may exist in the world. You acknowledge and agree that any questions, comments, suggestions, feedback, or other ideas from you to us (“Submissions”) are non-confidential and becomes our sole property. Upon us receiving the Submission, we become the sole owner of the exclusive rights — including all intellectual property rights — related to the Submission. This includes our unrestricted right to use and dissemination the Submissions for any purpose — commercial or otherwise — without acknowledgment or compensation to you.
- As Is.
We provide all of our Services on an “as is” basis without any express, implied, or statutory warranty. We do not guarantee or do not promised any specific results to you from you using our Services. We disclaim all implied warranties of title, merchantability, fitness for a particular purposes, and non-infringements.
- Apple Store App.
This section only applies to you if you acquired our Services using the Apple App Store. Please note that this Agreement is entered into between you and us. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the our Services. We — not Apple — is solely responsible for our services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement , for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
a) Definitions. “Loss” means an amount or amounts that you or we are legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim (including fees for legal counsel, expert witnesses, and other advisors). A Loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A Loss is caused by an event if the Loss would not have occurred without the event, even if the event is not a proximate cause of the loss. b.) Indemnification. You must indemnify us for any Loss that we incurred because of an act — arising out of this Agreement or the subject matter of this Agreement — that: (1) you took or fail to take; or (2) we took or fail to take. Among other things, this means that you must pay us for any Loss that we incurred. The only exception to this duty is if the Loss is caused by our gross negligence or intentional misconduct. Unless you request in writing to have control over defending a claim for Loss, we will have control over defending the claim (including settling the claim). If you request control, you may not settle any claims without our permission in writing signed by us. If you request control, we may retain our own legal counsel at our expense. You and we must cooperate with each other in good faith on a claim. Our rights under this Section do not affect any other rights that we may have.
- 15. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE — INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS — BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES. AMONG OTHER THINGS, SUCH DAMAGES INCLUDES DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- 16. Arbitration.
As explained in the introductory paragraph, by agreeing to this Agreement, you agree that you are required to resolve any claim that you have against us by using binding, final arbitration on an individual basis. This will preclude you from suing us or bringing a claim against us in court. Likewise, it will preclude you from bringing or joining any class-action lawsuit (or any similar kind of collective, representative action) against us. It also precludes you from participating or recovering relief under any current or future class-action lawsuit (or any similar kind of collective, representative action) against us by someone else.
a. You hereby agree that you will resolve all claim against us arising out of or relating to this Agreement or the subject matter of this agreement by using binding, final arbitration on an individual basis. b. You hereby EXPRESSLY GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us. c. You hereby EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (OR ANY SIMILAR KIND OF COLLECTIVE, REPRESENTATIVE ACTION) against us. d. German law governs all matters arising out of this Agreement or the subject matter of this Agreement without regard to any choice-of-law rules.
- 17. Venue.
In the event that the above section is held for any reason to be unenforceable, you hereby agree that: a. German law governs all matters arising out of this Agreement or the subject matter of this Agreement without regard to any choice-of-law rules.
- 18. Breach.
If you breach this Agreement, we may bring an action to recover all available damages including costs and reasonable attorney’s fees.
- 19. Severability.
If any part of this Agreement is unenforceable to any extent for any reason, the rest of the Agreement will remain fully enforceable.
- 20. Assignment.
We may assign this Agreement to any person or entity at any time. We do not need your consent to do so. You may not assign this Agreement to another person or entity without our written, signed consent. Any of your attempts to assign this Agreement to another party is automatically void and ineffective.
- 21. Entire Agreement.
This Agreement constitutes the entire agreement between you and us relating to the subject matter of this Agreement. This Agreement supersedes any other oral or written agreements that we had with you.