Effective Date: July 3, 2020
Welcome! We are Zonventure AB, a company registered in the kingdom of Sweden.
1.2 This Agreement applies to your use of all Zonventure services, in particular the Zonventure mobile application, the https://zonventure.com and https://forum.zonventure.com websites and any adventures or activities created by Zonventure.
1.3 The websites, mobile application, adventures and activities mentioned above, including all associated software, content, products and data will be referred to throughout this Agreement simply as our “services.” References to “content” should be read in the broadest context possible; content includes among other things text, images, code, feedback, forum posts, your account details, emails, music, and audiovisual materials. This Agreement applies to “you” as a person accessing or using our services.
1.4 All adventures created by Zonventure that are available in the mobile application can be identified by the adventure creator being "Zonventure Official". While Zonventure offers adventures for you to play, we also offer users the possibility to create and distribute adventures directly to other users through our platform. Zonventure is not responsible for content available through our services in adventures that have been created by other creators than “Zonventure Official”. Adventures that have been created by other creators than “Zonventure Official” and are made available through our services will be referred to throughout this Agreement simply as “third party adventures”.
1.5 Because of the nature of our services, which require a cellular data plan and the ability to travel to adventure locations, our services are not directed toward anyone under the age of 16. Although individuals under 16 are welcome to play adventures, their parents or guardians must own and manage their accounts.
If you are under the age of 18 but at least 16, you may only use our services with the consent of a parent or legal guardian who agrees to be bound by this Agreement.
1.7 To the extent that your use of our services includes use of third party services (such as, but not limited to HERE Maps and Stripe), you are bound by the Additional Terms of Service of such services. The use of certain services may be subject to other terms, policies, or guidelines. In the event there is any conflict between this Agreement and any other policies or guidelines that appear on our websites or through our mobile applications, this Agreement will govern. If you navigate away from our websites or application to a third party website or application, the terms and conditions of use applicable to that website or application will govern your use of that website or application.
2.1 Adventures provided through our services may be location-based activities that can be dangerous and may take you to difficult to access or potentially treacherous locations. When playing adventures, you risk property damage, bodily injury, or death. There are many variables that must be considered prior to playing an adventure, including: weather, fitness level, terrain features, and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution.
Presence of certain information within our services (such as, but not limited to, locations you are directed to in adventures) does not imply that accessing such location is safe or legal. Do not enter third parties’ property without permission and always obey applicable laws during any location-based activity. You assume all risks associated with playing adventures provided through our services.
2.3 Zonventure hereby grants you a limited, non-exclusive, non-transferable, fully revocable (pursuant to the termination provisions below) license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement.
2.4 By submitting content (including, but not limited to pictures, answers to puzzles in adventures, gps-locations and forum posts) to our services, you grant Zonventure a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as its derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram (whether or not from our accounts), on sharing platforms (such as YouTube, Vimeo, whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it.
2.5 Permission to use our services is subject to the following restrictions. You agree not to:
• Frame our services, use any robot, spider, scraper, or other means to access or collect data from our services without our express written permission.
• Use our services, or any content provided through them, for any purpose other than your personal use without our written permission.
• Abuse or exploit bugs, undocumented features, design errors, or problems in our services.
• Interfere or attempt to interfere with the proper working of our services, access to, or use of our services, including by imposing a disproportionately large load on our infrastructure.
• Upload, post, transmit, or otherwise distribute any content or act in a way that targets others on the basis of a legal protected status; is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, profane, obscene, libelous, invasive of another's privacy, hateful, embarrassing, harmful to minors; promotes political or religious extremism; promotes or provides instructional information about illegal activities; or is otherwise reasonably objectionable to any person or entity.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Disrupt the normal flow of dialogue in our forums or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Upload, post, transmit, or otherwise distribute any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, or proprietary rights of any person, including without limitation under any privacy or publicity rights.
• Upload, post, transmit, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation.
• Reverse engineer, decompile, or attempt to extract the source code of the software associated with our services.
• Violate any applicable local, national, or international law.
• Violate any of the guidelines or policies associated with our services.
• Interfere with the ability of others to enjoy our services.
• Collect, store, or distribute personal data about other users of our services.
• Publish on our websites or anywhere else, any content of or solutions, hints or spoilers for, any adventures provided through our services, without the consent of the creator of the adventure.
2.6 We may suspend or terminate your account without notice if you violate the terms of this Agreement. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your account. Any suspension or termination of your account applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others.
2.7 You can stop using our services and terminate this Agreement at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
2.8 We will provide you with notice of any material changes to our services or plans to suspend or terminate our services. Our services include software that may update automatically on your device once a new version or feature is available. We are under no obligation to provide maintenance support or upgrades for any of our software except where required by applicable law.
3.1 Our services are the property of Zonventure and protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except content in any adventures created by you) unless we have expressly authorized you to do so. All rights not expressly granted in this Agreement are reserved by Zonventure or by the respective owners of the intellectual property rights. Do not remove, obscure, or change any legal notices displayed in or along with our services.
3.2 Our services may display content that does not belong to Zonventure. Except as part of our services, you may not use third party content from our services unless you have our permission, obtain the permission of the content owner, or are otherwise permitted by law. Content available through our services that does not belong to Zonventure is the sole responsibility of the person or entity that has made it available. We do not review content available through our services although we may remove content we become aware of and that we reasonably believe violates our policies or applicable law.
4.1 All Zonventure adventure tickets are purchased as non-refundable. A ticket booking can be reversed up until payment has been made. The Act concerning remotely concluded contracts, in its provisions concerning the right to cancel a purchase, does not cover purchase of activity tickets. When payment has been made, the Customer is therefore bound by his purchase.
4.2 Activity tickets bought through the Zonventure app can either be directly linked to the Customers Zonventure account, or received as ticket vouchers that can be entered into any Zonventure account. Tickets bought on the website are always received as ticket vouchers. The conditions on validity of tickets apply regardless of whether the ticket is received as a voucher or not. Ticket vouchers are value documents that can only be used once. Lost ticket vouchers will not be replaced.
4.3 Adventure tickets are only valid on the date(s) and time(s) stated in the adventure description at the time of purchase. Unless otherwise specified, adventure tickets for adventures that can be started at any time are valid for 365 (three hundred sixty-five) days from the date of purchase.
4.4 In the event that an adventure is cancelled due to an issue beyond the organiser's control (including, but not limited to poor weather conditions, natural disasters, government mandate, etc) then no refunds will be offered, however an alternative date or adventure will be arranged. If an adventure is cancelled due to an issue within the organiser's control, then a full refund may be offered at the organiser's discretion.
5.1 All digital content you submit when creating an adventure through our services remains yours (subject only to the license grant below). You and not Zonventure are entirely responsible for all content that you upload, post, or otherwise transmit via our services. You represent and warrant that you have all necessary rights and permissions required for all content you make available through our services and for the rights you grant to us below, and that your content does not violate this Agreement, other Zonventure terms, policies or guidelines, the rights of any other party or applicable law.
5.2 By submitting content to our services, you grant Zonventure a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as its derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram (whether or not from our accounts), on sharing platforms (such as YouTube, Vimeo, whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it.
5.3 Nowhere within your adventure may you ask users to provide any personal data, which is not necessary to play the adventure.
5.4 You consent to being solely responsible for the content you create and upload.
• You agree that you will not upload any content that could be illegal, slanderous, of pornographic or erotic nature, false or missleading.
• You agree to take into account any local hazards known to you, like heavily traveled traffic or landscape features, when creating adventures, in order to create a safe experience for users.
• You understand that you must provide a clear and accurate description of your adventure to the user, so that he may understand what he will receive before buying a ticket.
5.5 You may only create and distribute adventures through our services, any other use of our services (such as, but not limited to, creating fundraisers or receiving payments for external products) is prohibited.
5.6 The cost for using our services to create and provide adventures to users is governed by our price list. The price list will be provided once the tools to create third party adventures are released.
5.7 If there is a cost for the user associated with playing your adventure, it should be collected either by Zonventure’s payment system for public adventures, or before you give the user a voucher which can be activated in the app. Once an adventure ticket has been bought, or a voucher activated, the user should be able to play the full adventure without making any additional payments. If the adventure requires bringing special equipment, obtaining tickets for public transportation, entry tickets to locations within an adventure, and the like, this has to be clearly stated in the adventure description. You may not require, ask or suggest that users pay, donate or otherwise transfer funds to you or any other parties, anywhere within an adventure.
5.9 Zonventure is not liable for damages caused by the use or the impossibility of using our services. Zonventure is not liable for damages caused by data loss.
Our services are provided as-is and as-available and you assume the entire risk as to your use of our services and the content available through our services. We make no specific promises about our services or content available through our services, including with regard to their availability, reliability, functionality, accuracy or truthfulness (whether provided by Zonventure, as part of third party adventures or in other ways by our users), or lack of viruses or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, terms or conditions, express or implied, whether by statute, common law or otherwise, regarding our services and the content available through our services, including but not limited implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, availability and lack of negligence.
Regardless of the form or cause of action of the alleged basis of the claim, to the fullest extent permitted by law, Zonventure and its employees will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, lost profits, revenues or data arising from this agreement or your use of our services even if they have been advised of the possibility of such damages and even if the remedies otherwise provided under this agreement, at law, or in equity, fail of their essential purpose. Should a court of competent jurisdiction determine that the limitation above is not legally valid, to the extent permitted by law, the total liability of Zonventure and its employees to you for any claim under this agreement or arising out of our services, including for implied warranties, is limited to the amount you paid us for our services or the amount of direct damages incurred by you in reliance on our services, whichever is less. You agree that this is your sole and exclusive remedy and you hereby release Zonventure and its employees from all obligations, liability, claims or demands in excess of the limitation.
You agree to indemnify and hold Zonventure and its employees harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that Zonventure may incur in connection with: (a) your breach of any of the terms of this Agreement; (b) your fraudulent use of the services; or (c) your violation of applicable law which you are responsible for.
All parties should attempt to resolve disputes relating to the interpretation or application of these Terms and Conditions by means of negotiation. If the parties are unable to agree, the dispute may be reviewed by Swedish law, the Swedish National Board for Consumer Complaints, or by an ordinary Swedish court of law.
The laws of Sweden govern these Terms and Conditions to the fullest extent allowable. In all cases, you agree that any dispute in connection with our services, any adventure or other activity provided through our services, or these Terms and Conditions shall be resolved only in the courts of Sweden.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, Zonventure and you agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible.
Zonventure’s failure to act with respect to a breach by you or others does not constitute a waiver of Zonventure’s right to enforce its rights with respect to later or similar breaches. This Agreement, along with any guidelines, terms or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services.