Section 1: Definitions
Section 2: What Information Footprint Mysteries Collects and Why.
Section 3: What Information Footprint Mysteries Does Not Collect
Section 4: How Footprint Mysteries Shares Collected Information
Section 5: How the User Can Access and Control the Information Footprint Mysteries Collects
Section 6: How Footprint Mysteries Secures the User’s Information
Section 7: How Footprint Mysteries Responds to Compelled Disclosure
Section 8: How Footprint Mysteries Will Communicate with the User
Section 10: Contacting Footprint Mysteries Section 1:
Definitions 1) “Information” is any data, personal or otherwise, that is a) Transferred from the User to Footprint Mysteries Madison, LLC (Footprint Mysteries) regardless of its country of origin; and b) Recorded in any form. 2) “Personal Information” is about or pertains to a specific individual whether the individual is the User or not and can be linked to that individual. 3) “Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health. 4) The “Website” includes all pages and Content found or accessed under the www.footprintmysteriesmadison.com domain name. 5) The “Web Portal” includes all password protected areas of www.footprintmysteriesmadison.com (referred to hereinafter below as “Website”) and all Content downloaded, viewed, or accessed there. 6) “Software” includes all programs, routines, and symbolic languages downloaded or accessed through the Website or Web Portal or otherwise provided by Footprint Mysteries that control any functionality or direct any operations on a computer. 7) Collectively the Website, crime mystery scavenger hunt and all materials associated with the crime mystery scavenger hunt are referred to as the “Services.” 8) “User” means anyone accessing or using the Services provided by Footprint Mysteries, whether they are registered Users, guests, or internet Users even if they did not directly access the Service used. It also includes persons using the Service even if they are accessing the Service through another person’s account. 9) “Content” includes any text, models, Software outputs, program files or any other Information that is posted, displayed, or published on or in connection with the Services. Content can be posted by Users, Footprint Mysteries, and any third-party affiliates of Footprint Mysteries. a) “Public Content” refers to Content designated by a User as “Public” and may be distributed or shared with other Users or used in Footprint Mysteries’ advertisements b) “Private Content” refers to Content designated by a User as “Private.” Private Content will be stored in the Users “Private Storage”, and will not be distributed, shared, or used in advertising.
Section 3: What Information Footprint Mysteries Does Not Collect Footprint Mysteries does not collect Sensitive Personal Information. While Footprint Mysteries does not collect this Information, the User may store some Information of this kind in the User’s account or in the User’s private storage. If the User choose to keep Sensitive Personal Information in the User’s account or private storage, the User is responsible for complying with any regulatory controls regarding that data.
Section 4: How Footprint Mysteries Uses Collected Information 1) Footprint Mysteries uses Information provided in order to provide and operate the Service and to contact the User regarding changes, updates, account Services, customer Service, or any other reason associated with the Service or the User’s use of the Service. 2) Footprint Mysteries may contact the User with Service-related announcements from time to time. Footprint Mysteries requires an email address to become a User to allow Footprint Mysteries to make these communications. The User may opt out of all communications except essential updates. 3) Footprint Mysteries may also contact the User with direct advertisements related to the User’s use of the Services. These can include potential upgrades, Service options, among other items. The purpose of these communications is to inform the User about new Services or features available for purchase from Footprint Mysteries. The User can opt out of receiving advertisements from Footprint Mysteries. 4) Content the User posts on or in connection with the Services may be used by Footprint Mysteries as part of advertising of Footprint Mysteries’ products or Services. Footprint Mysteries will not sell the User’s Content and will only use Content labeled “Public Content” in advertising.
Section 5: How The User Can Access and Control the Information Footprint Mysteries Collects 1) Footprint Mysteries adheres to the General Data Protection Regulation (“GDPR”) with respect to all Personal Information. The following are the provisions of the GDPR with regard to this policy. 2) Notice a) Footprint Mysteries shall inform the User of the purposes for which it collects and uses Personal Information and the types of non-agent third parties to which Footprint Mysteries discloses or may disclose that Information. Footprint Mysteries shall provide the User with the choice and means for limiting the use and disclosure of the User’s Personal Information. Notice will be provided in clear and conspicuous language when the User is first asked to provide Personal Information to Footprint Mysteries, or as soon as practicable thereafter. In any event the User will receive notice before Footprint Mysteries uses or discloses the Information for a purpose other than that for which it was originally collected. 3) Choice a) Footprint Mysteries will offer the User the opportunity to choose (opt out) whether Personal Information is to be disclosed to a third party or to be used for a purpose other than that for which it was originally collected or has subsequently been authorized. 4) Onward Transfers a) Prior to disclosing Personal Information to a third party, Footprint Mysteries will notify the User of the disclosure and allow the User the choice to opt out. Footprint Mysteries will ensure that any third party to which Personal Information may be disclosed is subject to law providing the same level of privacy protection or agrees in writing to provide an adequate level of privacy protection. 5) Data Security a) Footprint Mysteries shall take reasonable steps to protect the Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Footprint Mysteries has in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information. Footprint Mysteries cannot guarantee the security of Information on or transmitted via the Internet. 6) Data Integrity a) Footprint Mysteries shall only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or has been authorized. To the extent necessary for those purposes, Footprint Mysteries shall take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use. 7) Access a) Footprint Mysteries will allow the User access to the User’s Personal Information and allow the User to correct, amend, or delete inaccurate Information. For access requests please contact www.footprintmysteriesmadison.com/contact/. Access will not be allowed where the burden or expense of providing access would be disproportionate to the risks to the User’s privacy or where personal rights other than the User’s own would be violated. Access will only be granted a maximum of two times during any twelve-month period. While accessing the User’s Information, the User will be allowed to export a copy of the User’s Information. 8) Enforcement a) Footprint Mysteries uses a self-assessment approach to assure compliance with this Policy and at least annually verifies that the Policy is accurate, comprehensive, prominently displayed, completely implemented, and accessible to remain in conformity with the GDPR
Section 6: How Footprint Mysteries Responds to Compelled Disclosure Footprint Mysteries will not sell or otherwise transfer the User’s private Information except where essential for providing the Services. However, Footprint Mysteries will give out Personal Information to comply with applicable law or a court order, to prevent harm or injury, or to prevent fraud or other illegal activity. Footprint Mysteries may be required to share Information with government entities from a foreign country. The User cannot opt out of this provision or otherwise force Footprint Mysteries to hold Information confidential in such a way as to cause Footprint Mysteries to violate any law.
Section 7: How Footprint Mysteries Will Communicate With The User Footprint Mysteries will contact the User via the email address that the User provide and will only contact the User for reasons that the User have consented to. For example, if the User contact Footprint Mysteries for technical support, we will respond to the User via email.
Terms and Conditions
The Terms and Conditions (“Terms”) contained herein on this webpage, shall govern the use of https://footprintmysteriesmadison.com (collectively referred to herein below as this “Website”) including all pages within this Website. Footprint Mysteries Madison, LLC (“Company”) owns the Website. These Terms apply in full force and effect to the use of this Website.
Accessing and/or using the Website, constitutes an agreement to be bound by the following provisions (collectively referred to herein below as “Agreement.”). This includes simply browsing the Website (collectively referred to herein below as “Guest”) or otherwise accessing the Website without being registered, or registering and using the Website (collectively referred to herein below as “Member”). The term “User” refers to either a Guest or a Member. The User must not use this Website if there are any objections to any of the Terms. The User is authorized to use the Website only if they agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement, regardless of whether the User’s access or use is intentional. In consideration for becoming a User and/or making use of the website, acceptance of this Agreement is indicated by accessing and/or using the Website.
This Website is not for use by any minors (defined as those who are not at least 18 years of
age), and the User must not use this Website if they are a minor.
2. Variation of Terms.
The Company may amend the terms and conditions of this Agreement at any time by reasonable notice, including without limitation by posting revised terms on the Website. Notification of any amendment to the terms and conditions shall be communicated via email. The amended terms and conditions shall be binding.
3. License Grant
Subject to the Terms of this Agreement and the User paying all relevant fees, the Company hereby grants to the User a non-exclusive, non-transferable limited license to access and use the crime mystery scavenger hunt and accompanying clues (referred to herein below as “Services” and “Materials” respectively).
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while the User makes use of the Website.
The User acknowledges that the Company reserves the right to charge for any portion of the Website and to change its fees (if any) from time to time in its discretion. If the Company terminates the User’s access to this Service because of a breach of this Agreement, the User shall not be entitled to the refund of any unused portion of fees or payments.
6. Intellectual Property.
The Services and Materials are licensed by the Company, not sold. Except for the limited license granted in Section 2, the Company owns all rights, title and interests, including all intellectual property rights, in and to the Services, Materials and other related content, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Services. In addition, all content published on the Website, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and Flash or Java animation, are protected by the Company’s copyrights or trademarks or those of the Company’s partners. The Service may also include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and the User agrees not to use them in any manner without the prior written permission of the applicable owner. The User acknowledges and agrees they shall not use anything disclosed by the Company in connection with this Agreement to contest the validity of any the Company’s intellectual property (referred to herein below as “Confidential Information”). Any such use of the Company’s information and data shall constitute a material, non-curable breach of this Agreement. Except for the limited license granted by the User in Section 2, nothing contained in this Agreement shall be construed as granting any right, title, or interest in or to any User.
The User is expressly and emphatically restricted from, including but not limited to, all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or
may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in
relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by Users and the Company may further restrict access for the User to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password a Member may have for this Website is confidential and must maintain so.
8. No warranties.
THE SERVICES, INCLUDING CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APPLICATION OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS THAT ARE AVAILABLE.
9. Limitation of liability.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OTHER INTANGIBLE LOSSES.
9.2 THE USER’S SOLE AND EXCLUSIVE REMEDY WILL BE A REFUND IN THE AMOUNT PAID TO USE THE SERVICES.
9.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. IN SUCH STATES/JURISDICTIONS, THE COMPANY’S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.1 The Company will indemnify and defend the User from any claim, demand, action, proceeding, judgment, or liability arising out of a claim by a third-party that the User’s use of the Services in conformance with the terms of this Agreement infringes a United States copyright. The foregoing indemnification obligation of the Company is contingent upon the User promptly notifying the Company in writing of such claim, permitting the Company sole authority to control the defense or settlement of such claim, and providing the Company reasonable assistance in connection therewith. If a claim of infringement under this Section 12.1 occurs, or if the Company determines a claim is likely to occur, the Company will have the right, in its sole discretion, to either: (i) procure for the User the right or license to continue to use the Services free of the infringement claim; or (ii) modify the Services to make it non-infringing, without loss of material functionality. If either of these remedies is not reasonably available to the Company, the Company may, in its sole discretion, immediately terminate the Services and return the prorated portion of any prepaid, unused fees for future use of the infringing Services.
10.2 Notwithstanding Section 7.1, the Company shall have no obligation with respect to any claim of infringement that is based upon or arises out of Excluded Claims. “Excluded Claims” are the following: (i) the use or combination of the services with any hardware, software, products, data or other materials not provided by The Company; (ii) modification or alteration of the Services by anyone other than the Company; (iii) the User’s use of Services in excess of the rights granted in this Agreement; or (iv) a business method or process that is inherent to the User’s business. The provisions of Section 7 state the sole and exclusive obligations and liability of the Company and its licensors and suppliers for any claim of intellectual property infringement arising out of or relating to the Services and/or this Agreement and are in lieu of any implied warranties of non-infringement, all of which are expressly disclaimed.
10.3 The Company will offer no indemnification and the User will indemnify and defend the Company from any claim, demand, action, proceeding, judgment, or liability to a third-party claim arising out of (i) an Excluded Claim; or (ii) the Company’s authorized use of the User Content; or (iii) a User trespasses or causes damage to the property of a third-party while using the Services or Materials. The foregoing indemnification obligation of the User is contingent upon the Company promptly notifying the User in writing of such claim, permitting the User sole authority to control the defense or settlement of such claim, and providing the User reasonable assistance in connection therewith.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The User may not assign this Agreement (for purposes Section 10 a change of control of the User or assignment by operation of law is deemed an assignment) without the Company’s prior written authorization, which shall not be unreasonably withheld. Any such permitted assignment, however, shall not increase the scope (including any material change in the size of the User’s organization) of the license granted hereunder without payment of the Company’s then current fees for any increased scope. Any delegation or assignment in violation of the foregoing provisions shall be void and deemed a material breach of this Agreement. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. Notwithstanding anything to the contrary herein, the Company may assign this Agreement without the User’s consent, including (but not limited to) any assignment to an affiliate, or in the event of a merger, acquisition, or sale of substantially all of the Company’s assets.
13.1 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. Users and the Company agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or use of the Website.
13.2 EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
13.3 BY WAIVING THE JURY TRIAL, IN THE EVENT THAT THE PARTIES ARE NOT ABLE TO RESOLVE A DISPUTE ARISING OUT OF OR CONCERNING THIS AGREEMENT, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHEREISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATON ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION IN MADISON, WISCONSIN MUTUTALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGEMENT MAY BE ENTERED UPON IT IN ANY WISCONSIN COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISIS OUT OF OR CONCERNS THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARD TO THESE TERMS OR ANY DISPUTES ARISING AS A RESULT OF THIS AGREEMENT, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THIS AGREEMENT. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.
For any questions or concerns about this Agreement, please contact the Company at https://footprintmysteriesmadison.com/contact/