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TERMS OF SERVICE

Last updated: May 21st, 2019

1. ACCESS AND USE OF THE PLATFORM


1.1  This website and the mobile application (APP or Application), including all information, tools, and services available on this website and the APP (together the Platform), are operated by Hidden Secrets Studios Limited (referred to as Hidden Secrets, we, us and our).


1.2  These terms of service (Terms of Service) apply to all users of the Platform, including the Hidden Secrets mobile game available to play via the Platform (Game). 


1.3  We may also in the future offer new services and/or features through the Platform (including the release of new tools and resources).  Any new features or tools which are added to the Platform shall also be subject to these Terms of Service.


1.4  You must accept these Terms of Service before accessing the Platform. By accessing the Platform you agree to be bound by, and are deemed to be a party to, these Terms of Service. If you do not agree to these Terms of Service or are not an Eligible Player (as defined below), you must not access the Platform.


1.5  These Terms of Service include any additional terms and conditions and policies (including our Privacy Policy and the Official Rules for each Game) that can be viewed by you on or through the Platform, incorporated herein by reference.


1.6  We reserve the right to make changes to these Terms of Service at any time, effective upon the posting of modified terms of service on the Platform. It is your responsibility to check the Terms of Service periodically for changes. Your continued access of the Platform following the posting of any changes constitutes you agreeing to be bound by, and to be a party to, the modified terms of service.


1.7  By agreeing to these Terms of Service, you represent that:


1.7.1  you are at least the age of majority in your country, state and/or province of residence; or
 

1.7.2  if you are not the age of majority in your country, state and/or province of residence or are otherwise under the age of 13 (a Minor), your parent or guardian has given express consent to Hidden Secrets to allow you to access the Platform and play the Game; and 

1.7.3  the laws and regulations of your country, state or province of residence do not prohibit you from accessing the Platform and/or playing the Game, (Eligible Player). You may not access the Platform unless you are an Eligible Player.


1.8  It is your sole responsibility to determine your eligibility to access the Platform, play the Game and/or claim a prize via the Game.  You acknowledge and agree that Hidden Secrets shall not be liable in respect of, and you shall hold Hidden Secrets harmless against, any loss, cost, liability, damage or claim (of any kind whatsoever) in connection with your access to or use of the Platform and/or the Game (including any attempt to claim a prize) where you (or the Minor you have provided authorization in respect of) do not meet the eligibility requirements in these Terms of Service. 


2. RESTRICTIONS ON ACCESS AND USE


2.1  We reserve the right to refuse access to the Platform and/or the Game to anyone for any reason at any time.


2.2  No copying, redistribution, displaying, performing, reproducing, licensing, transferring or publication of the Platform or of any content on the Platform, or any Hidden Secrets Intellectual Property (Hidden Secrets IP) is permitted without our express written permission (which may be withheld at our sole discretion). Hidden Secrets Studios and its licensors exclusively own all right, title, and interest in and to the Platform, the Content, including all associated intellectual property rights. You acknowledge that the Platform, Content and Hidden Secrets IP are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform, Content or Hidden Secrets IP.


2.3  You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Platform or otherwise attempt to:
 

2.3.1  defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any protection mechanisms in the Platform, including, without limitation, any such mechanism used to restrict or control the functionality of the Platform; or 
 

2.3.2  derive the source code or the underlying ideas, algorithms, structure or organization form of the Platform.

 

2.4  In respect of your access to and use of the Platform and the Game you will:


2.4.1  only use the Platform for non-commercial personal purposes, as envisaged by the Platform;
 

2.4.2  strictly comply with these Terms of Service;


2.4.3  comply with all applicable laws and regulations (and all guidelines, procedures and policies notified by us from time to time);


2.4.4  keep all of your access details associated with the Platform and the Game, including passwords and codes, confidential;


2.4.5  be solely responsible for the content of any data you produce in connection with the Platform and/or the Game, and we reserve the right to remove from our servers any content that may expose us to potential liability (but for the avoidance of doubt a failure by us to do so does not relieve you from responsibility);
 

2.4.6  not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us;
 

2.4.7  not attempt to gain unauthorized access to any part of the Platform or the Game, including but without limitation, through hacking or password mining;


2.4.8  not distribute through the Platform any attachments, documents or files that:

 

a. infringe on any copyright, patent, trade secret, trademark or other third party proprietary rights;

 

b. violate any law, statute, ordinance or regulation, including but not limited to any applicable privacy legislation, such as the New Zealand Privacy Act 1993; 

 

c. are defamatory, libellous or obscene; or 

 

d. contain viruses, trojan horses, worms, time bombs, or similar harmful programming routines;


2.4.9  not use the Platform or the Game:


a. to harass, abuse, insult, harm, humiliate, threaten, defame, slander, disparage, intimidate, or discriminate;


b. to spam, phish, pharm, pretext, spider, crawl, or scrape;


c. for any obscene or immoral purpose; 


d. in a way that breaches any law or regulation or encourages or enables any other person to breach any applicable law or regulation;


e. in a manner that may damage, disable, overburden or impair either the Platform, the Game or any products or services connected to the Platform or the Game; or


f. to collect personal information about third parties, including without limitation, e-mail addresses.


2.5  We may at our discretion use technology (including digital rights management protocols) or other means to protect the Platform and/or the Game, protect our other users or suppliers of Third Party Content, or to prevent you from breaching these Terms of Service. 


2.6  You may not access the Platform or play the Game if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access the Platform or play the Game for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.


2.7  A breach or violation of any of these Terms of Service may (in our sole discretion) result in an immediate termination of your ability to access the Platform.


2.8  Hidden Secrets Studios shall have the right, but not the obligation, to monitor and audit your access to and use of the Platform and compliance with these Terms of Service.  Without limiting any other remedy available to use (under these terms or at law, including our right to terminate your account) if we identify any breach by you of these Terms of Service, we may suspend your access to the Platform and the Game until such time as you have remedied the relevant breach. 


3. ACCESSING AND PLAYING THE GAME


3.1  The rules for playing a Game are set out in the Official Rules for the relevant Game, and otherwise shall be as specified in these Terms of Service.  Any Game must be played strictly in accordance with, and shall be subject to, the relevant Official Rules.


Prizes and eligibility to receive a prize


3.2  The Game may provide Eligible Prize Winners (as defined below) with the opportunity to win cash prizes.  Such opportunities shall be detailed in the Official Rules of each Game, which you should read carefully.  
 

3.3  If the Official Rules allow for a player to win a cash prize for finding Treasure within the Game, only the first Eligible prize Winner (as defined below) to correctly pinpoint the Treasure on the Virtual World Map will be eligible to claim the prize. 


3.4  You acknowledge and agree that the availability of prizes within the Game is at the complete discretion of Hidden Secrets.  You should not play the Game in reliance on winning a cash prize.
 

3.5  You will not be eligible to receive any prize in the Game:


3.5.1  unless you are an Eligible Player and the laws and regulations of your state or province of residence do not prohibit you (by virtue of your age or otherwise) from winning and collecting a cash prize of the nature and amount made available via the Game;


3.5.2  until you have provided to Hidden Secrets, within 21 days of notification from Hidden Secrets, all information requested by Hidden Secrets, including a valid delivery address for payment, all completed legal and tax documents and releases relating to payment of the prize (including a signed undertaking of eligibility in the form provided by Hidden Secrets), personal identification, and any other information deemed necessary by Hidden Secrets; and 


3.5.3  if you are found to have breached these Terms of Service at any time in connection with the Game.  
 

Hidden Secrets shall make the final determination on the eligibility of any users of the Platform to receive a prize. Any Eligible Player who meets the eligibility requirements in this clause 3.5 (as determined by Hidden Secrets in its sole discretion) shall be an Eligible Prize Winner for the purposes of these Terms of Service.


3.6  If a prize-winner is not an Eligible Prize Winner or is otherwise incapable of receiving his or her prize, Hidden Secrets is not liable to re-issue the prize or assign a new winner.


3.7  Hidden Secrets will not:


3.7.1  send prize payments more than once, unless otherwise deemed appropriate by Hidden Secrets (in its sole discretion), including where a payment has been lost or stolen; or


3.7.2  issue any prizes in connection with Treasure that resulted from unauthorized use of the Platform by any person. 


3.8  You acknowledge and agree that, if you receive a prize and Hidden Secrets subsequently determines that you were not an Eligible Prize Winner at the time of receiving the prize, Hidden Secrets may (in its sole discretion) require you to repay such prize. 


3.9  You should contact the Hidden Secrets Help Desk at support@hiddensecretsapp.com if you believe that you were entitled and eligible to receive a prize and you believe that the prize was not sent to you by Hidden Secrets. When you make such contact, you must be prepared to provide the relevant Treasure Code to the help desk and any other information requested by Hidden Secrets. 


Safety while playing the Game


3.10  You acknowledge and agree that you are playing the Game at your own risk and assume full responsibility for your own safety (and the safety of any Minors you have authorized) when you play the Game.  In this regard you must:


3.10.1  avoid all dangerous areas, private property and comply with all signs, warnings and notifications relating to any location while using the Application, regardless of where any in-game map marker (Marker) is located, and never attempt to reach a Marker that is located in an improper or dangerous location;


3.10.2  use the Platform and play the Game in a safe manner, never using the Platform or playing the Game while driving a motor vehicle, riding a bicycle or otherwise navigating roadways;


3.10.3  not enter onto private property without permission, not impersonate any other person or misrepresent your affiliation, title, or authority, and not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind; 


3.10.4  not play the Game if you have any health issues that may be activated or made worse by playing the Game; or


3.10.5  maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Platform.


Virtual Currency and Virtual Goods


3.11  The Platform permits the purchase of virtual currency (Virtual Currency) and use of that Virtual Currency to purchase virtual items or services that we expressly make available for use in the Game (Virtual Goods). The purchase of Virtual Currency and Virtual Goods is limited to Eligible Players only.  If you are responsible for a Minor who you have provided authorization, you acknowledge that the Minor has your consent to exercise this right independently and you should consult the Apple or Google Play settings to ensure that in-APP purchases are restricted and also monitor their accounts for unexpected activity, including the purchase of Virtual Currency or Virtual Goods. 


3.12  Virtual Currency and Virtual Goods may only be purchased from Hidden Secrets.  Virtual Currency may only be accessed and used to purchase Virtual Goods (and is not valid for any other uses) and can never be sold or transferred or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.  You acknowledge that Virtual Currency and Virtual Goods have no monetary value and do not constitute actual currency or property of any type (and any balance of Virtual Goods or Virtual Currency does not reflect any stored value).  We may cancel any Virtual Currency or Virtual Goods sold, transferred, or exchanged in violation of these Terms of Service and terminate your account on the Platform. 


3.13  Pricing and availability of Virtual Currency and Virtual Goods are subject to change without notice.  We reserve the right at any time to change and update our pricing and inventory of Virtual Currency and Virtual Goods.  You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made.


3.14  You are solely responsible for any federal, state, provincial and/or local taxes, and any other legal or regulatory consequences associated with the purchase of Virtual Currency, Virtual Goods and/or the receipt of any cash prize.  If you legally reside in the European Union, we will provide you with a VAT invoice when we are required to do so by law.  These invoices may be electronic in format.


3.15  If you legally reside in the European Union you have certain rights to withdraw from online purchases.  However, you acknowledge and agree that purchases of Virtual Currency involve immediate download of such content and, once downloaded your right of withdrawal ends. 


3.16  We reserve the right to control, regulate, change, or remove any Virtual Currency or Virtual Goods at any time without any liability to you.


Rights of Hidden Secrets if you win a prize


3.17  Hidden Secrets Studios will not issue a prize to you until you have fully completed, signed and returned to Hidden Secrets a formal public announcement in the form (and timing) required by Hidden Secrets. 


3.18  If you win a prize in the Game, you acknowledge and agree that Hidden Secrets (and its employees, contractors, agents, representatives, licensees, successors, and assigns), shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media, in perpetuity and throughout the world, your entry, name, portrait, picture, voice, likeness, image, statements about the prize and the Platform, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. 


Disputes between users of the Game


3.19  Hidden Secrets is not responsible for any dispute between any users of the Platform or Game, including, but not limited to, disputes over Treasure, Third Party Content, Virtual Currency or Virtual Goods.


3.20  In the event that you have a dispute (or are somehow connected with any dispute) with one or more users of the Platform and/or the Game, you release Hidden Secrets (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (direct and indirect) 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. USER CONTENT


4.1  Without limiting anything in the Hidden Secrets privacy policy, you grant to Hidden Secrets (and Hidden Secrets’ employees, contractors, agents, representatives, licensees, successors, and assigns) a non-exclusive right to place your avatars, photographs, username, and similar identifying User Content on the Platform, including for the purposes of advertising the Platform and the Game and data analytics purposes. 
 

4.2  Hidden Secrets Studios shall itself or through a duly authorized third party, host (using commercially reasonable protection measures) the Platform, together with any and all databases associated therewith, to enable Hidden Secrets to provide the Platform. This may include hosting your User Content on third-party servers.  Hidden Secrets shall employ commercially reasonable security measures to keep User Content confidential and secure, including relying upon the commercially reasonable efforts of any third parties who host such User Content.  However, Hidden Secrets does not warrant that such security measures will ensure the confidentiality or security of your user Content.


5. THIRD PARTY MATERIAL ON PLATFORM


5.1  You acknowledge and agree that Hidden Secrets:
 

5.1.1  has no authority or control over (and shall not be responsible or liable to you in respect of) any Third Party Content;


5.1.2  will not provide any benefits (including any prizes or giveaways) contained in or referred to in any Third Party Content.


5.1.3  is not responsible for any offensive, pornographic, defamatory, obscene or inaccurate Third Party Content or for any malicious software that may be associated with any Third Party Content. 


Any reliance on any content on the Platform or the Game is at your own risk.


5.2  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Platform or in the Game at any time without prior notice.  We undertake no obligation to update, amend or clarify information on the Platform or in the Game, except as required by law.


6. FEEDBACK


6.1  We value and welcome feedback on our Platform and the Game. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform, the Game or any products or services we offer, without any payment to you.


6.2  You waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.


7. THIRD-PARTY LINKS


7.1  Third-party links on the Platform may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content, products or services of third-parties, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


7.2  Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.


7.3  Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.


8. APPLE AND GOOGLE PLAY

 

8.1  Where you have downloaded the APP from the Apple Store, you acknowledge and agree that:


8.1.1  your rights to install and use the APP and make any in-app purchases through the APP are subject to these Terms and the relevant terms in the Apple Store terms of service;


8.1.2  Apple is not responsible for the APP in any way, including for any maintenance or support of the APP;
 

8.1.3  to the maximum extent permitted by law, Apple has no warranty obligations with respect to the APP;
 

8.1.4  Hidden Secrets (and not Apple) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that persons intellectual property rights); and


8.1.5  although these Terms are entered into between you and Hidden Secrets, Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you.


You represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.


8.2  Where you have downloaded the APP from the Google Play Store, you acknowledge and agree that:


8.2.1  your rights to install and use the APP and make any in-app purchases through the APP are subject to these Terms and the relevant terms in the Google Play Store terms of service;


8.2.2  Google is not responsible for the APP in any way, including any maintenance or support of the APP; and


8.2.3  Hidden Secrets (and not Google) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that persons intellectual property rights).


You represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.
 

9. PERSONAL INFORMATION


9.1  We collect personal information about you when you access and/or use the Platform and/or the Game. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, location and the content viewed.  You agree to allow Hidden Secrets the right to use any personal information collected in the pursuit of Hidden Secrets achieving its goals and to provide better information and services to its users.


9.2  The personal information you provide to us will be used (and disclosed) in the manner specified in our Privacy Policy (at www.hiddensecretsapp.com/privacy-policy), including for the purposes of


a. your registration on the Platform;


b. to supply the Platform for use by you in the manner anticipated by these Terms of Service;


c. as permitted by the New Zealand Privacy Act 1993; 


d. to give you information about our other products or services, but you may stop receiving this at any time by contacting us; 


c. to protect the rights, property and safety of Hidden Secrets or any user of the Platform (or any of their employees, contractors, agents, representatives, licensees, successors, and assigns); and


d. to comply with any applicable law, and any other purposes consented to by you from time to time.
 

9.3  If you are supplying personal information to Hidden Secrets in connection with the Platform, you must read the Hidden Secrets privacy policy and have consented to the provision of your personal information to Hidden Secrets, before you supply any such personal information;


9.4  You acknowledge that information transmitted over the internet is inherently insecure.  We will not disclose your personal information to any third party unless authorized by you or your representative(s) or where compelled to do so by law.  We confirm that we will act in accordance with the New Zealand Privacy Act 1993 and other applicable laws and regulations.


10. DISCLAIMER OF WARRANTIES

10.1 You expressly understand and agree that:


10.1.1  your use of the Platform and the Game is at your sole risk; and


10.1.2  the Platform, the Game, Virtual Currency and Virtual Goods are provided on an “as is” and “as available” basis.


10.2 Without limiting the generality of clause 14.1, Hidden Secrets and its subsidiaries, affiliates, officers, employees and agents make no warranty that:


10.2.1  the Platform, the Game, Virtual Currency or Virtual Goods will meet your requirements;


10.2.2  the Platform or the Game will be uninterrupted, timely, secure or error-free;
 

10.2.3  any prizes will be available or Treasure locatable during your use of the Platform or the Game;
 

10.2.4  any errors in the Platform or the Game will be corrected; or
 

10.2.5  any or all of the functionality of the Platform or the Game will be compatible with any software or hardware used by you to access the Platform and/or the Game. 
 

10.3  Any material downloaded or otherwise obtained through the use of the Platform and/or the Game is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


10.4  No advice or information, whether oral or written, obtained by you from Hidden Secrets or through or from the Platform shall create any warranty not expressly stated in these Terms of Service.
 

11. LIMITATION OF LIABILITY


11.1  Under no circumstances shall Hidden Secrets or its subsidiaries, affiliates, officers, employees or agents be liable to you on account of your use or misuse of or reliance on the Platform or the Game arising from any claim relating to the use of the Platform, the Game, Virtual Currency, Virtual Goods or any eligibility or in-eligibility for (or payment or non-payment of) any cash prize. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Hidden Secrets or its subsidiaries, affiliates, officers, employees and/or agents have been advised of the possibility of such damages).


11.2  Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Platform or the Game, from inability to use the Platform or the Game, or from the interruption, suspension, or termination of the Platform or any Game.  This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised as part of or in connection with the Platform or the Game, or received through any links provided in the Platform or the Game, as well as by reason of any information received through or advertised on the Platform or the Game, or received through any links provided in the Platform or in any Game.


11.3  These limitations of liability shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data.  Such limitations shall further apply with respect to the performance or non-performance of the Platform or the Game or any information or merchandise that appears on, or is linked or related in any way to, the Platform or the Game.  Such limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.


11.4  Some countries, states or other jurisdictions place limits on the exclusion or limitation of liability, so the above limitations and exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.


11.5  Without limiting the foregoing, under no circumstances shall Hidden Secrets or its subsidiaries, affiliates, officers, employees or agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.


11.6  To the extent that Hidden Secrets or any of its subsidiaries, affiliates, officers, employees or agents is found liable for a claim of any kind arising as a result of, or related to, the Platform or the Game, whether in contract, in tort (including negligence or strict liability), pursuant to any warranty not specifically disclaimed hereby (or the disclaimer of which is not permitted), or otherwise, damages shall be limited to monetary damages, and the aggregate amount thereof for all claims shall in no event exceed an amount equal to NZ$1,000.


12. INDEMNIFICATION


12.1  You agree to indemnify, defend and hold harmless Hidden Secrets and its subsidiaries, affiliates, officers, employees and agents, from any claim or demand, made by any third-party due to or arising out of:
 

12.1.1  your breach of these Terms of Service, including any documents they incorporate by reference;
 

12.1.2  your violation of any law or the rights of a third-party; and/or


12.1.3  your failure to comply with any law or eligibility requirements in these Terms of Service in connection with your use of the Platform or the Game or your receipt (or attempted receipt) of any cash prize in connection with the Game. 


13. TERMINATION


13.1  Any provision necessary for the interpretation or enforcement of these Terms of Service shall survive any expiry or termination.


13.2  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time when you cease using our Platform.
 

13.3  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term of these Terms of Service, we may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Platform.


14. GOVERNING LAW AND DISPUTES
 

14.1  These Terms of Service and the provision of the Platform and Game provided hereunder will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the Terms of Service, the Platform and/or the Game.  
 

14.2  Any problems that occur whilst accessing or using the Platform or the Game or any complaints or questions you have in connection with the Platform must be notified to Hidden Secrets in writing to the contact details noted below at your earliest opportunity.

14.3  You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Service or the Platform or Game (a Dispute) unless you have first complied with this section.
 

14.4  Where any Dispute arises, you (or your representative) and Hidden Secrets will negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
 

14.5  Where the parties cannot resolve the Dispute within 10 working days (or as otherwise agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute (in New Zealand) in terms of the Resolution Institute New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator at a fee paid by the parties to the Dispute.


14.6  If the parties fail to settle the Dispute by mediation, then either party may initiate arbitration in respect of the Dispute in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if we should fail to agree within 21 days from the date upon which the Dispute arises, as appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.  


14.7  If a Dispute is arbitrated, you will give up your right to participate as a class representative or class member on any class claim you may have against Hidden Secrets including any right to class arbitration or any consolidation of individual arbitrations.


14.8  Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.


15. GENERAL
 

15.1  If any provision of these Terms of Service is determined to be illegal, invalid or otherwise unenforceable, then to the extent, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. 


15.2  No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Service shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Service.
 

15.3  These Terms of Service constitute the entire agreement between the parties with respect to the access to and use of the Website and supersedes all prior or contemporaneous understandings regarding such subject matter.
 

15.4  Questions about the Terms of Service should be sent to us at support@hiddensecretsapp.com.
 

16. DEFINITIONS
 

16.1  In these Terms of Service, unless the context otherwise requires:


Apple means Apple Inc and other companies within its group.


Apple Store means the store/platform operated by Apple making the APP available to iOS devices.


APP  means Hidden Secrets’ proprietary Applications, including "Hidden Secrets: Escape In Time" and "Hidden Secrets: Prelude to Escape In Time" as well as any future Hidden Secrets mobile games which provide users with an interactive treasure hunt and/or puzzle-mystery experience that may include the ability to search for Treasure and Sponsored Messages and includes all Hidden Secrets Content and Third Party Content as well as all Software and all services associated with the APP, including but not limited to all Treasures, Sponsored Messages, uploaded content and all Hidden Secrets IP associated with same.


Google means Google Inc and other companies within its group.


Google Play Store means the store/platform operated by Google making the APP available to devices.
 

Hidden Secrets Content means any information, data, content, media (video, images, text, scripts, audio, likeness, etc.) that is uploaded, posted, downloaded, delivered or otherwise provided to you (whether or not displayed) from the Platform and shall include any and all of content and metadata related thereto which becomes a part of the Platform, but excludes all Third Party Content. 
 

Hidden Secrets IP means any and all intellectual property now existing or developed in the future that is owned, controlled, conceived, created, and/or reduced to practice by Hidden Secrets or its licensors, including without limitation any and all trade secrets, know-how, copyright rights, algorithms, software, Hidden Secrets Content, Third Party Content and patent rights (whether pending or otherwise) on the Platform, or that arises from or is associated with the Platform.
 

Marker(s) means any digital location pin that appears on the Game map. Markers are projected from a user’s device based on user location. 
 

Software means any computer code, computer program, script, subroutine, patch, executable file, machine-readable code or human-readable source code associated with the Platform.
 

Sponsored Messages refers to wilful or randomized prizes and/or messages which you may receive from Hidden Secrets Partners (hereinafter, “Partners” or "Partner") within gameplay. Sponsored Messages may include a Partner message and/or a surprise award. Surprise awards may be free gifts, coupons, special promotions or awards, in-game gold coins, or any other beneficial offer made by a third party to you as a result of you finding or receiving a Sponsored Message within the game.
 

User Content means any information, data, content, media (video, images, text, scripts, etc.) that is uploaded, posted or otherwise provided to the Platform and/or the Game by you, including any and all location information (e.g. geolocation information) financial information, account information and profile information (e.g. username, password, and any other information you provide to Hidden Secrets associated with your account), user name, email address, address, contact information, online payment service information (for example, account numbers, associated email addresses, etc.) nicknames, handles, avatars, IP address, and any other information you provide to the Platform together with all metadata related thereto.
 

Third Party Content means any information, data, content, media (video, images, text, scripts, etc.) included on (or accessed via) the Platform or the Game and that is owned by, proprietary to and/or has been supplied by a third party, including any other user of the Platform.  Third Party Content includes all Sponsored Messages. 
 

Treasure refers to any treasure found by a user within the Game (using the Virtual World Map) which is the subject of a cash prize in the Game (as specified in the Official Rules). 
Official Rules means the official rules of each Game notified by Hidden Secrets, as updated by Hidden Secrets from time to time. 

 

Treasure Code means an identification code that Hidden Secrets may provide to you if you find Treasure within the Game that may be used by Hidden Secrets Studios to identify a particular Treasure. 
 

Virtual World Map means the final map in the Game that allows users to pinpoint where a Treasure is located.