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Terms of Service

 

 

Introduction

 

Welcome to Seattle Scavengers website (the “Site”) and the Seattle Scavengers mobile app (the “mobile app”). Site and any services made available from the Site (“Services”) available are subject to the following terms and conditions of use (“Terms”). Please read the Terms carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to bound by when you access and/or use the Site and/or mobile app.

 

By accessing any page on the Site or using Services or mobile app, you agree to be bound by the Terms.

 

For the purposes of this Agreement, “you” means the person using the Site or mobile app, Seattle Scavengers, and, if applicable, the person registering on the Site. You and any persons that uses the Services, are sometimes referred to in this Agreement as the “User.” “Seattle Scavengers,” “we” or “us” means Seattle Scavengers LLC In the case of inconsistencies between these Terms and information on the Site and included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that this Agreement contradicts or is inconsistent with any signed written agreement between you or your company for Services, the terms and conditions of such signed written agreement will always govern and take precedence.

 

Terms Applicable to All Users of the Site

  • Terms of User Conduct. THE USER IS RESPONSIBLE FOR HIS OR HER ACTIONS DURING ANY ENGAGEMENT WITH A SEATTLE SCAVENGERS HUNT. TO THE EXTENT PERMITTED BY LAW, THE USER AGREES THAT SEATTLE SCAVENGERS SHALL BE EXCLUDED FROM LIABILITY FOR ANY NEGLIGENCE ON THE PART OF THE USER THAT RESULTS IN INJURY OR ANY ILLEGAL ACTION (FROM FEDERAL OR STATE LAWS, OR CITY ORDINANCES) ON THE PART OF THE USER THAT RESULTS IN LEGAL REPERCUSSIONS OR PHYSICAL HARM. THE USER IS EXPECTED TO BEHAVE DURING THE PERIOD OF SERVICES WITH THE CONDUCT OF A REASONABLE PERSON.

  • Availability. Seattle Scavengers uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

  • Trademarks. All brand, product and service names used on the Site which identify Seattle Scavengers, the Site and any Services are proprietary marks of Seattle Scavengers. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Silver Stripe Software or any third party with respect to any such image, logo or name.

  • Ownership and Copyright. You acknowledge and agree that the Site and the information contained in it are owned by Seattle Scavengers and/or its third party content providers (“Content Providers”), and are protected by copyright and other intellectual property laws.

 

Terms Applicable to Registered Users

  • Site License. Subject to these Terms, Seattle Scavengers grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to the right to use, but not to reproduce or distribute, any materials made generally available to all other Users of the Site (“Materials”).

  • User Conduct Online. The Service may include information, views, opinions and recommendations of individuals and organizations of interest to Users and the software community. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any Material and we do not endorse any opinions or recommendations posted by registered Users. You should exercise discretion and skepticism before relying on information in messages or submissions, since it may be incorrect or misleading. If you rely on information posted by other Users you do so solely at your own risk. We do not review, screen or edit “comments” posted by users. Nonetheless, we reserve the right to monitor, not to post or remove any information transmitted or received through the Site or the Service, or to terminate your access and use of the Service, at any time, without notice, in our sole discretion. It is Users’ responsibility to bring violations of the Terms of Service to our attention. You agree that you will not use the Site or the mobile app:

    • for the transmission of or to conduct, display, or forward surveys, contests, pyramid schemes, junk mail, “spam,” chain letters or other similar communications;

    • to impersonate, or otherwise misrepresent your affiliation with, any other person or entity;

    • collect or store personal data about other users; or violate any applicable local, state, national, or international law or regulation;

    • to Provide false information on your registration form, or impersonate someone else.

  • User Content. Seattle Scavengers reserves the right to remove, delete, move or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. You are entirely responsible for all User Content and and Seattle Scavengers will not be liable for any such User Content. You agree to indemnify and hold Seattle Scavengers harmless for any violation of this provision.

  • Third Party Software and Linking. Although we may make hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Seattle Scavengers makes no warranty with regard to the products or website of any other entity.

  • Monitoring of Content.You understand that Seattle Scavengers can access and disclose information or otherwise provide access to third parties for the following reasons:

    • to send an e-mail message to you upon your request;

    • to maintain the Site and to develop new and useful features and services;

    • to follow a court order, subpoena, complaint or a lawful request from governmental authorities;

    • to enforce these Terms;

    • to respond to claims that any User Content violates the rights of third-parties;

    • to respond to your requests for customer service; and

    • to protect the rights, property, or personal safety of Seattle Scavengers, its users and the public.

 

Terms Applicable to All Users of the Site

  • Limitation of Liability.  You acknowledge, by your use of the site and/or the mobile app, that your use of the site, including any software or other materials on the site, and any reliance upon it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall Seattle Scavengers or its officers, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors, or any third party provider of data or information, be liable for any consequential, indirect, incidental, special or punitive damages, loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the services or the site, or your reliance on any advice, information, or content on the site or provided as part of the services

  •  Indemnification. You agree to indemnify and hold Seattle Scavengers, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and other Users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.

  • General.

    Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Washington, without giving effect to any principles of conflicts of law. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the courts and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees. Your use of the Site and Service is subject to all applicable local, state, national and international laws and regulations.

    No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

 

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