3 USE OF THE SERVICES.
3.1 WHO CAN USE OUR SERVICES.
3.2 ACCOUNT REGISTRATION.
3.3 SAFE AND APPROPRIATE USE.
3.4 ACCOUNT TERMINATION OR SUSPENSION.
3.5 CHEATING & FRAUD ATTEMPT.
3.6 INTERACTION WITH OTHER PEOPLE.
4 SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS, CAMPAIGNS AND SIMILAR PROMOTIONS.
4.2 DATA COLLECTION.
4.3 USER AGE.
4.4 PARTICIPATION IN THE CAMPAIGN.
4.5 TYPES OF CAMPAIGN.
4.6 WINNERS AND RANKING.
4.8 REWARD COLLECTION.
4.10 APPLE STORE.
4.11 TASK (ACTIVITIES) INSIDE CAMPAIGN.
4.12 CAMPAIGN ORGANIZERS.
5 LIMITED LICENSE TO USE.
6 CONTENT AND CONTENT RIGHTS.
6.1 CONTENT OWNERSHIP.
6.2 RIGHTS GRANTED BY YOU.
6.3 COPYRIGHT POLICY.
7 GENERAL PROHIBITIONS AND ENFORCEMENT RIGHTS.
8 THIRD PARTY SERVICES.
8.1 AVAILABILITY OF SERVICES.
8.2 THIRD PARTY CONTENT, LINKS IN SERVICE.
10 TEST PROGRAMS.
11 DISCLAIMER OF WARRANTIES.
12 LIMITATION OF LIABILITY.
13 DISPUTE RESOLUTION.
14.1 ENTIRE AGREEMENT.
14.3 FORCE MAJEURE.
14.6 CONTACT INFORMATION.
Please read these Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively, “the Terms”), because the Terms govern your use of the Apps and Platform. The Terms also govern your interaction with any websites we own or operate (“Sites”), purchase of any Aribo sp. z o.o. merchandise, participation in events, contest, Sweepstakes, Contests, Raffles, Surveys or other campaigns (“Campaign”) organized by us or our partners. In other words, the Terms govern your use of any Aribo sp. z o.o. products or services in general (together with Apps and Platform, the “Services”).
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services.
Aribo sp. z o.o. may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
3 USE OF THE SERVICES
3.1 WHO CAN USE OUR SERVICES
Our services are for users who are more than 17 years old.
Children are not allowed to use the Services. A “Child” is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea).
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ARIBO SP. Z O.O. DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
3.2 ACCOUNT REGISTRATION
In order to use our services, you have to create an account with us (an “Account”), and you will also need access to a supported mobile phone and an Internet connection. List of supported mobile devices or minimal conditions to install applications are defined on our website www.my aribo.com/suporteddeivices.
To create an account You have to register using the option available in mobile application or through our website.
You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. We take account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
3.3 SAFE AND APPROPRIATE USE
We care about the safety of our users, so please take care of your surroundings while playing. Don’t play while driving any vehicle.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Entities with a company account who want to organize CAMPAIGNS are required to create them in such a way that they do not jeopardize the safe.
in particular :
- do not place AR objects in places where the player cannot safely reach (for example: in the middle of a busy road, on the lake, river, edge of bridge, edge of river dams, construction site etc.)
- do not locate special markers in places where the player the player cannot safely reach to scan them (for example: in the middle of a busy road, on the lake, river, edge of bridge, edge of river dams, construction site, building roofs etc.)
- do not locate any additional object (AR or real) markers in places where the player the player cannot safely reach to scan them(for example: in the middle of a busy road, on the lake, river, edge of bridge, edge of river dams, construction site, building roofs etc.)
- do not place any AR object or real objects in any property or location where you do not have a right or permission to do so
- do not attach to the campaign tasks that violate the rights of others
- do not attach to the campaign tasks that may cause the destruction or loss of someone’s property,
You agree that you will not use the site to violate any law. Especially, if You have a company account and You wish to organize Campaigns, Contest, lottery, quizzes, surveys you are obligated to do it according to appropriate law.
Furthermore, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (unless you have company account). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
You are obliged to respect other players and not to obstruct them from completing the tasks contained in the campaign by removing or destroying the real items and markers used in the competition.
3.4 ACCOUNT TERMINATION OR SUSPENSION
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if
- we suspect fraud, cheating, or misuse by you of Content or Services
- you fail to comply with these Terms
- we suspect any other unlawful activity associated with your Account.
- Your account was in active for a long time (in this case we will notify you via the mail given during registration prior to termination of your Account)
- a violation has been detected in relation to one or several points described in points 4,5,6 of these terms
You may terminate your Account at any time by visiting the App help centers. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
3.5 CHEATING & FRAUD ATTEMPT
We are very strict about cheating and we do provide anti-cheating measures!
Cheating is prohibited.
In the case of fraud detection, the user’s account is immediately closed (as well as additional accounts created by the player). A user who has inflicted any kind of fraud or made difficult to other users ending the campaign – loses all accumulated points and / or rewards on the site. What’s more, the relevant companies that organized the campaign will be informed about the fraud
Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:
- Accessing Services in an unauthorized manner (including using modified or unofficial third party software);
- Playing with multiple accounts for the same Campaign
- Sharing accounts with other user (except company accounts)
- Using any techniques to alter or falsify a device’s time
- Using any techniques to alter or falsify a device’s location (for example through GPS spoofing)
- Using any techniques to alter or falsify campaign ranking
- Using any techniques to alter or falsify the quantity of points in the wallet
- Selling or trading accounts.
- Sale and trading with QR codes authorizing the receipt of prizes
- Sale and/0r trading with points
- Obstructing the campaign’s transition for other players by destroying real materials that have been used in the campaign (such as characters, objects, markers, paper information etc. )
- Obstructing the campaign transition for other players by placing in a different location real materials that have been used in the campaign (such as characters, objects, markers, paper information etc. )
- Disclosing information about the campaign by the organizer’s employees that may affect its course
In the case of suspected fraud or cheat attempts, immediate consequences will be drawn such as locking up account, canceling all rewards and points, reporting a fraud attempt to the appropriate institutions (for example: organizers of the campaign in which fraud was committed)
3.6 INTERACTION 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 other people in the real world.
- You will not harass threaten or otherwise violate the legal rights of others.
- You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be
- You will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
If you have a dispute with any third party relating to your use of Services, you release Aribo sp. z o.o. (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4 SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS, CAMPAIGNS AND SIMILAR PROMOTIONS
Campaign organizers – Aribo sp. z o.o. and/or its partners, users with company account who organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Campaign”).
Campaign – sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services. Which can be made as a set of connected or separate tasks (activities) available in service.
In addition to these Terms, the “Campaign” will be subject to particular terms which we shall communicate to you at the time of this Campaign (“Campaign Terms & Conditions”). By participating in any Campaign, you will become subject to those Campaign Terms & Conditions.
All Campaign Terms & Conditions are incorporated into these Terms.
4.2 DATA COLLECTION
Aribo sp. z o.o. and/or its partners can organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Campaign”). In addition to these Terms, the “Campaign” will be subject to particular terms which we shall communicate to you at the time of this Campaign (“Campaign Terms & Conditions”). By participating in any Campaign, you will become subject to those Campaign Terms & Conditions.
All Campaign Terms & Conditions are incorporated into these Terms.
4.3 USER AGE
The mobile application can be used by people who meet the age criteria set out in point 3.1 (who can use application). However, it is possible that for some Campaigns higher age criteria will be set. If so, such age criteria will be described in the “Terms and Conditions” of a particular Campaign. In this case, players with a lower age category will not be able to take part in such a campaign.
4.4 PARTICIPATION IN THE CAMPAIGN
Participation in any Campaign requires your voluntary consent.
Before you participate in any campaign, you must read “Campaign Terms and Conditions” and accepted it.
“Campaign Terms and Conditions” are a supplement to these regulations, defining the exact rules of participation, duration, place of the campaign, types of reward and instructions how to collect them etc.
4.5 TYPES OF CAMPAIGN
At the moment there are various types of campaigns available
- No award – those are campaigns made just for fun or to educate about company or product in a new way. They can be also done to build brand awareness and loyalty.
- With Award –porpoise of those campaigns is to entertain, engage and educate but they provide more emotions as there are a prize and competition from other users in real time. This is campaigns which help to build brand awareness and loyalty.
In addition, campaigns may include tasks for which the participant is rewarded with additional loyalty points (if the task has been performed correctly). Those points may be interchangeable for small gifts (at no additional cost, no money). It is a form of gratification for loyalty.
There are no purchase options in the application.
4.6 WINNERS AND RANKING
The campaigns in which prizes are awarded can be based on the campaign ranking
The campaign ranking is based on time (this means that it depends how fast the user will complete the campaign ). However, only the people who have done well the campaign’s tasks will appear in the ranking. In other words, if the user will fail one or few tasks he will not be shown in the ranking ( as he/she didn’t pass the basic criteria to be rewarded).
This rules applies only for the “Campaign with award”.
If the campaign is with a prize, the organizer of the campaign “Campaign organizer” is the sponsor of the award.
- the number of winners,
- the type of prizes,
- time and place of receipt,
Are presented in the “Campaign Terms &Conditions “for the particular campaign. Those “Terms and Conditions” must be read and accepted before you will participate in the campaign. Participation in such a campaign is at your own will.
The organization of the competition is regulated by the provisions of the Civil Code, and the competition itself is based on the construction of public promise.
4.8 REWARD COLLECTION
This rules applies only for the “Campaign with award”.
Each user after completing the campaign receives his unique QR code containing information about his results and the current place in the ranking. These QR codes are visible in the mobile application in inventory after the completion of a specific campaign.
When the campaign is finished and the ranking is closed, only QR codes of the winners will entitle them to receive the prize. The Terms & conditions of the given campaign determine the number of winners and the type of prizes they are entitled to
The prize can be collected
- after the end of Campaign and the official announcement of the results
- only and exclusively by the person authorized to receive the prize (having a unique QR code visible in the application)
- in the place and time specified in the “Terms and Conditions” of the specific Campaign
- the receipt of prizes is possible until the date specified by the Campaign’s organizer in the “Terms and Conditions” of the specific Campaign, after this date the receipt of the prize will be impossible
Reasonably acceptable proof of identity, for example, a driver’s license or passport, showing the same first and last name as those provided at the time of prior registration, may be required to collect Reward.
Actual or attempted resale of QR codes subjects them to revocation without refund. QR cody obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored.
In the mobile application, it is possible to collect loyalty points for participation in campaigns. Whether the campaign has loyalty points and how many of them will be available is described in “Campaign Terms & Conditions”.
LOYALTY POINTS CANNOT BE BOUGHT. YOU CAN ONLY GET THEM FOR PARTICIPATING IN THE CAMPAIGN ACCORDING TO THE RULES OF THIS CAMPAIGN.
LOYALTY POINTS CANNOT BE TRANSFERRED TO A DIFFERENT USER.
LOYALTY POINTS CANNOT BE SOLD TO A DIFFERENT USER.
Loyalty points can be exchanged or not for small loyalty gifts by a user with his/her own will. Points can be exchanged only for gifts made available by the organizer of the campaign (campaign organizer).
Loyalty gifts can be acquired only for loyalty points. You cannot buy loyalty gifts!
The application does not offer any option to buy anything.
4.10 APPLE STORE
These are official statements regarding Apple store.
- Apple store is not a sponsor of any in the contest or sweepstakes made in our mobile application
- Apple is not involved in the activity or services in any manner provided by Aribo sp. z o.o.
4.11 TASK (ACTIVITIES) INSIDE CAMPAIGN
The campaign can be composed of one or a few simple tasks (activities). Each task can have time limits to be passed ( example 1 minute for answering the question). There are many possibilities for how the campaign can be arranged from those activities. Some activities might be used more than once, but the content inside can be different (for example there might a task to do 2 different photos)
Activities are as follows:
- Quizzes – simple open lub closed questions about something ( company, product etc.)
- Clues – a piece of information that user has to remember or solve (example picture with puzzle)
- Map challenges- map directions to specific place where user has to go
- Photos – task that requires to make a specific photo
4.12 CAMPAIGN ORGANIZERS
The organization of the competition is regulated by the provisions of the Civil Code, and the competition itself is based on the construction of public promise.
Campaign organization in some places may be subject to additional legal conditions.
The campaign organizer is responsible for:
- preparing the Campaign Terms & Conditions according to law
- notification of the competition to the relevant legal authorities (if applicable)
- announcement of the competition and its conditions
- adherence to the terms and conditions of the campaign
- consideration of any complaints from campaign users
- organizing campaigns with keeping the records from point 3.3
- comply with the provisions regarding copyrights
- inform about any violations of the record regarding cheating and fraud attempt
5 LIMITED LICENSE TO USE
Subject to your compliance with these Terms, Aribo sp. z o.o. grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not:
- copy, modify, or create derivative works based on the Apps;
- distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party;
- reverse engineer, decompile, or disassemble the Apps;
- make the functionality of the Apps available to multiple users through any means.
Aribo sp. z o.o. reserves all rights in and to the Apps not expressly granted to you under these Terms.
6 CONTENT AND CONTENT RIGHTS
Subject to your compliance with these Terms, Aribo sp. z o.o. grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services.
“Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual 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” and “Service Content”.
“User Content” means any Content a user of a Service provides to be made available through Services.
“Service Content” means any Content provided by Aribo sp. z o.o. to be available through Service
6.1 CONTENT OWNERSHIP
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws applicable in a given territory. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Aribo sp. z o.o. does not claim ownership rights in “User Content” and nothing in these Terms restricts any rights that you may have to use and exploit your “User Content”.
Aribo sp. z o.o. exclusively own all right, title, and interest in and to the Services and “Service Content”, including all associated intellectual property rights.
Aribo sp. z o.o. asking you to respect copyright laws in relation to the “User content” of other users
6.2 RIGHTS GRANTED BY YOU
By making any “User Content” available through the Services you grant to Aribo sp. z o.o. a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others.
By accepting these terms, you allow Aribo sp. z o.o. to benefit freely from the above rights, including but not limited to:
- The right to reproduce 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 incorporating the User Content), free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, social media or television broadcasting, and print.
- The right to use the User Content for demonstration, promotion and advertising
- The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Aribo sp. z o.o. or by any outside party of its choice.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Aribo sp. z o.o. on or through the Services will infringe, misappropriate or violate a 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 that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Aribo sp. z o.o. or any third party designated by Aribo sp. z o.o..
6.3 COPYRIGHT POLICY
Aribo sp. z o.o. respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Account holders who infringe or are believed to be infringing the rights of copyright holders.
You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback“) by reaching out to us on social media or support channels. Feedback is a form of User Content.
7 GENERAL PROHIBITIONS AND ENFORCEMENT RIGHTS
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other users from the Services without their express permission
- extract, scrape, or index the Services or Content (including information about users or gameplay)
- use the Services or Content, or any portion thereof, in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
- attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Aribo sp. z o.o. or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Aribo sp. z o.o. or any of Aribo sp. z o.o.’s providers or any other third party (including another user) to protect the Services or Content
- use, display, mirror, or frame the Services or any individual element within the Services, Aribo sp. z o.o.’s name, any Aribo sp. z o.o. trademark, logo, or other proprietary information, or the layout and design of any page or App without Aribo sp. z o.o.’s express written consent
- post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy
- post, publish, submit or transmit any uncensored content and pictures (such as profanity, exposed intimate parts of the body, pornography, content offending religious/political feelings, offensive content towards a person or institution))
- attempt to probe, scan, or test the vulnerability of any Aribo sp. z o.o. system or network or Service, or breach any security or authentication measures
- use any meta tags or other hidden text or metadata utilizing a Aribo sp. z o.o. trademark, logo, URL, or product name without Aribo sp. z o.o.’s express written consent
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content
- violate any applicable law or regulation or encourage or enable any other individual to do any of the foregoing.
Although Aribo sp. z o.o. is not obligated 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, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Aribo sp. z o.o. may remove any Content we consider to be 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 to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF ARIBO SP. Z O.O.’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAW.
8 THIRD PARTY SERVICES
8.1 AVAILABILITY OF SERVICES
Aribo sp. z o.o. is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release Aribo sp. z o.o. and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
8.2 THIRD PARTY CONTENT, LINKS IN SERVICE
Services may contain links to third party websites or resources.
Campaings organized by companies will include their logo and other marketing materials, content, photos, videos ect.
Aribo sp. z o.o. only provides these as a part of service and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
MOBILE APPLICATION IS FREE OF CHARGE.
We do not charge for using any functions available in the mobile application.
There are no purchase options in the application.
We do not collect or store your credit card details / bank account number in the mobile application. If you have noticed such an attempt, please report it immediately, because it is an unauthorized activity and an attempt to extort your data and attempt to hack our application.
However, participating in certain campaigns may be associated with certain costs that do not depend on us. Such situations may include participation in a campaign organized during closed admissions for which you must purchase an admission ticket. Participation in such an event is on your own decision on it is your own will.
Aribo sp. z o.o. is not responsible for such costs. We do not accept those payments to our account. If you wish to take part in such a campaign where there is some cost to be buried (entry tickets) you have to pay them directly to the organizer of the closed admissions
10 TEST PROGRAMS
Aribo sp. z o.o. may offer you early access to certain pre-release mobile application software (“Beta Software”) in order to allow you to test and provide feedback on Beta Software as part of the testing program (“Test Program”).
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Aribo sp. z o.o. may provide to you in connection with the Test Program (“Test Materials”), the Beta Software, as well as everything related to the Beta Program is exclusive intellectual property of Aribo sp. z o.o..
You also acknowledge that they may contain some bugs, mistakes, etc. which might influence how the application works.
11 DISCLAIMER OF WARRANTIES
O THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT ARIBO SP. Z O.O. DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES.
ARIBO SP. Z O.O. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO 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 OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
12 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ARIBO SP. Z O.O. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS,
INTERACTIONS, OR MEETINGS 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, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARIBO SP. Z O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND 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 FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ARIBO SP. Z O.O.’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000), OR, IF CONTRACTING WITH ARIBO SP. Z O.O., ONE THOUSAND POUNDS (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARIBO SP. Z O.O. AND YOU.
13 DISPUTE RESOLUTION
You and Aribo sp. z o.o. agree that any disputes will be settled by binding arbitration, except that each party retains the right:
- to bring an individual action in small claims court
- to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause
- an “IP Protection Action“. Notwithstanding this arbitration agreement, Aribo sp. z o.o. reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP, products, and Services.
- to seek injunctive or other equitable relief in a court of competent jurisdiction in case of detecting any fraud or cheating in the Service
- to seek injunctive or other equitable relief in a court of competent jurisdiction in case of any attempt to decompile, copy, change, unauthorized usage of
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide Aribo sp. z o.o. with written notice of your desire to do so by email to email@example.com within thirty (30) days following the date you first accept these Terms . If you don’t provide Aribo sp. z o.o. with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a – e) above.
14.1 ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Aribo sp. z o.o. and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Aribo sp. z o.o. and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other 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 Aribo sp. z o.o.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Aribo sp. z o.o. may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.3 FORCE MAJEURE
Neither Aribo sp. z o.o., any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.
Any notices or other communications provided by Aribo sp. z o.o. under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided.
Aribo sp. z o.o.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aribo sp. z o.o.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
14.6 CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact Us