Terms of Service - Nani Swimwear Inc. Terms of Use GOOSECHASE ADVENTURES INC. ("GOOSECHASE") OWNS AND OPERATES THE WEBSITE LOCATED AT https://www.goosechase.com/ ("WEBSITE") AND THE GOOSECHASE APPLICATION (THE "APP"). NANI SWIMWEAR INC. OWNS AND OPERATES THE WEBSITE LOCATED AT https://www.naniswimwear.com/ THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITES, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE OR APP, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE GOOSECHASE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE OR APP. BY USING THE WEBSITES AND/OR THE GOOSECHASE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE GOOSECHASE APP OR THESE WEBSITES OR ANY OF ITS CONTENT OR SERVICES.
1. The Service
The GooseChase service allows users to create, join and play games created by other users of the service (“Organizers”). Nani Swimwear is an organizer. Games are made up of various missions, which may include activities such as submitting photos or videos, checking-in at specific locations, or solving puzzles or riddles in order to receive points (the “Games”). In order to access the Service and start creating or contributing with other users, you must be a registered user (“User”). The Service may be used from a computer or a personal mobile device if the User has downloaded the App.
2. Age of users
The Service is designed to be used by individuals who are over the age of eighteen. The Service is not intended to be used by users under the "Designated Age", which shall be the greater of eighteen or the age designated in your local jurisdiction in respect of processing personal data. If you are a User then you represent and warrant that you are over the Designated Age in your jurisdiction, or are otherwise only using the Service in the manner specified above. You may use the game under the age of 18 by emailing help@naniswimwear.com and having your legal guardian sign a publicity release so you may upload pictures or other content to the game platform.
3. DISCLAIMER OF GAMES
ALL GAMES (INCLUDING WITHOUT LIMITATION ANY CONTENT, TASKS, ACTIVITIES, EVENTS, LOCATIONS, LOCAL CONDITIONS AND CIRCUMSTANCES) ARE THE SOLE RESPONSIBILITY OF THE USERS. THE USER IS ENTIRELY RESPONSIBLE FOR PARTICIPATING IN THE GAME AND ANY CONSEQUENCE THAT MAY ARISE FROM THEIR PARTICIPATION IN THAT GAME. USERS ACKNOWLEDGE THAT BY USING THE SERVICE, THEY MAY BE EXPOSED TO RISKS AND DANGERS, AND OTHER CONSEQUENCES. UNDER NO CIRCUMSTANCES WILL NANI SWIMWEAR BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES ARISING FROM SUCH GAMES OR MISSIONS, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN THE GAME, OR FOR ANY OFFENSE, INJURY, DEATH, LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) OF ANY KIND INCURRED OR SUFFERED AS A RESULT OF PARTICIPATING IN ANY GAMES MADE AVAILABLE VIA THE SERVICE. FURTHER DISCLAIMERS ARE SET OUT LATER IN THIS AGREEMENT.
4. Content
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in the Game, app or otherwise (“User Content”), may be used, posted, or displayed by Nani Swimwear in all types of marketing, advertising, or social media. Nani Swimwear will use a good faith effort to monitor submissions and delete any deemed inappropriate. Users acknowledge that by using the Service, they may be exposed to materials that are offensive or objectionable. Under no circumstances will Nani Swimwear be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
5. License of Content
By submitting, posting or displaying User Content on or through the Service, you grant Nani Swimwear (and our agents) a non-exclusive, royalty-free, world-wide, perpetual license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content to the extent required to provide the Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
6. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL NANI SWIWEAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.
7. INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD NANI SWIMWEAR AND ITS OWNERS, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
8. Choice of Law
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts in the State of Utah. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.