TERMS OF USE

Terms.

Welcome to RANDONAUTICA, a real-world adventure game which uses quantum entropy to randomize and output coordinates for the user to journey to. RANDONAUTICA offers a reality driven experience after the user has derived coordinates within the app ("App"). Please read these RANDONAUTICA Terms of Use and any applicable App guidelines (the “Guidelines” and, collectively, “these Terms”), because these Terms govern your use of the App. These Terms also govern your interactions with and use of any RANDONAUTICA products or services (together with Apps, the “Services”).

If you live in the United States, these Terms are entered into between you and Randonauts, LLC., 1211 Applewood Dr. #1, Papillion, NE 68046, USA. If you live in any other country, these Terms are entered into between you and Randonauts Limited Liability Corporation, a company registered to do business under the laws of the United States of America. Randonauts, LLC and Randonauts Limited Liability Corporation are collectively referred to as “RANDONAUTICA,” “we,” or “our” in these Terms.

By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. RANDONAUTICA may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the www.randonauts.com website (the “Site”) and in the App Terms of Use. 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 should not use the Services.

If you breach these Terms, we may take action against you, including but not limited to terminating your account. You acknowledge that RANDONAUTICA has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

Privacy.

Our Services are designed to enable you to interact with your surroundings in either: (a) your real world environment or (b) digitally using an online map to view the coordinates provided by the App. To provide the Services, we need your location, and we only use your information where we have a legal basis to do so.

Use of the Services.

Safe and Appropriate Use.

While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests to the trip reports.

RANDONAUTICA does not intend Apps to be medical or health devices, or provide medical, emotional or mental health advice. RANDONAUTICA is a create your own reality adventure game, meaning your involvement with your surroundings is based wholly on your experience as a user and is in no way the responsibility of RANDONAUTICA.

Locations and Coordinates.

RANDONAUTICA has a verifiably random process for deriving the points in which the user is given. It is wholly the user’s choice to travel to the coordinates provided. Users should abide by the following guidelines:

Do not trespass on private property

Do not travel to locations that could cause physical harm

Do not travel to locations that appear to be dangerous

Journeys and other location-based activities facilitated by our Services can be dangerous and may take you to difficult to access or potentially treacherous locations. When taking part in such location-based activities, you risk property damage, bodily injury, or death. There are many variables that must be considered prior to engaging in the location-based activities, including: weather, fitness level, terrain features, and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution.

RANDONAUTICA does not incentivize a user to travel to a location and the provision of locations does not imply that accessing such locations is safe or legal. It is wholly the user’s responsibility to decide if the location is deemed safe in all forms, and legal, to travel to. After location coordinates are provided in the app, RANDONAUTICA is not responsible and will not be made liable for the user’s subjective experience on the journey to the destination. The user agrees that exploring unknown locations is done so at their own risk.

Interacting with the Environment and People.

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other people and environments in the real world. You will not harass, threaten or otherwise violate the legal rights of others including their property. 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, and 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 RANDONAUTICA (and all employees, agents, directors, and officers) 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.

Accessing the Services and Account Security.

We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period.

You are solely responsible for making all arrangements necessary for you to have access to the Services. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. You are responsible for all content submitted and activity that occurs under your account, even if done by third parties who have accessed the Services through your account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Who May Use Our Services.

The Services are not intended for children under the age of majority in their respective state of residence, without a parent or legal guardian’s (“Parent”) verified consent. Parents can provide and verify their consent by contacting us at randonautbusiness@gmail.com for the step by step consent process. No one under the age of majority in his/her state of residence may provide any personal information to or on our Services. We do not knowingly collect personal information from children under the age of majority in their respective state of residence. If you are under the age of majority in your state of residence, do not use or provide any information on our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under the age of majority in his/her state of residence without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of majority in his/her state of residence, please contact us at randonautbusiness@gmail.com.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, RANDONAUTICA DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A PERSON UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE 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 THESE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

Limited License to Use.

Subject to your compliance with these Terms, RANDONAUTICA grants you a limited, nonexclusive, nontransferable, nonsublicenseable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; (d) make the functionality of the App available to multiple users through any means; (e) frame our Services, use any robot, spider, scraper, or other means to access or collect data from our Services without our express written permission; (f) abuse or exploit bugs, undocumented features, design errors, or problems in our Services; (g) use our Services for any purpose other than your personal use without our written permission; (h) interfere or attempt to interfere with the proper working of our Services, access to, or use of our Services, including by imposing a disproportionately large load on our infrastructure; (i) upload, post, transmit, or otherwise distribute (including by emailing us) any content or act in a way that targets others on the basis of a legal protected status; is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, profane, obscene, libelous, invasive of another's privacy, hateful, embarrassing, harmful to minors; promotes political or religious extremism; promotes or provides instructional information about illegal activities; or is otherwise reasonably objectionable to any person or entity; (j) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (k) upload, post, transmit, or otherwise distribute any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, or proprietary rights of any person, including without limitation under any privacy or publicity rights; (l) upload, post, transmit, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation; (m) reverse engineer, decompile, or attempt to extract the source code of the software associated with our Services; (n) violate any applicable local, state, national, or international law; (o) violate any of the guidelines or policies associated with our Services; (p) interfere with the ability of others to enjoy our Services; or (q) collect, store, or distribute personal data about other users of our Services.

We have the right to:

Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Terminate or suspend your access to all or part of the Services, for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OR LAW ENFORCEMENT AUTHORITY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

RANDONAUTICA reserves all rights in and to the App not expressly granted to you under these Terms.

Content and Content Rights.

All Content (defined below) is owned by RANDONAUTICA, its licensors, or other providers of such Content and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms, RANDONAUTICA 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. No right, title, or interest in or to our Services, the Content, or any other content on the Services is transferred to you, and all rights not expressly granted are reserved by us. The RANDONAUTICA name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of RANDONAUTICA, its affiliates, or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Use or User Content.

By making any User Content (ie. trip reports available through the Services you grant to RANDONAUTICA 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. “User Content” means any Content a user of a Service provides to be made available through Services. By accepting these terms, you allow RANDONAUTICA 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 use the User Content for demonstration, promotion and advertising for all RANDONAUTICA Services and social media.

Feedback.

Comments and suggestions for improvements to the Services ("Feedback") can be submitted by reaching out to us on social media or support channels. Feedback is a form of User Content.

RANDONAUTICA’S Enforcement Rights.

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 RANDONAUTICA’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Participation in Events.

Events.

The term "Event(s)" means activities that are directly organized, hosted, or managed by RANDONAUTICA or The Randonauts. By engaging and participating in an Event, you do so at your own risk and responsibility.

Assumption of Risks.

Unless prohibited by applicable law, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after using the App, including injury by any cause and damage, loss, or theft of property. You acknowledge that using the App and certain activities while traveling to a destination, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems, and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before traveling to, whether by foot or vehicle, to a location provided by RANDONAUTICA and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the location grounds, facilities, equipment and areas to be used, and that by participating, you acknowledge the grounds, facilities, equipment, and areas are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree that all further venturing to the random location is, as stated previously, wholly at your own risk. All points generated by RANDONAUTICA are done so with true randomization and the app waives all responsibility to the safety of the location provided. You should not travel to locations that appear to be unsafe, out of range or beyond their physical, mental, religious or spiritual ability to do so.

To the extent permitted under applicable law, you hereby waive and release RANDONAUTICA from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your voluntary participation to travel to coordinates, including for negligence, inherent and unforeseen risks and injury or damage to persons or property.

Third Party Resources.

Certain features of our Services may utilize the services and products of third-party vendors and business partners, which services and products may include software, information, data or other services. These third party services and products may have their own terms and conditions of use and privacy policies and your use of these third party services and products will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any third party services and products or for any transaction you may enter into with the provider of any such third party services and products, nor do we warrant the compatibility or continuing compatibility of the third party services and products with our Services.

RANDONAUTICA is not responsible for the availability or quality of third party services and products, including cell phone networks, hotspots, wireless internet and other services and products. Such third party services and products may affect your ability to utilize the Services and you hereby waive and release RANDONAUTICA and its employees, agents, officer, and directors 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 and products.

No Warranties.

OUR SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING WITH REGARD TO THEIR AVAILABILITY, RELIABILITY, FUNCTIONALITY, ACCURACY OR TRUTHFULNESS, OR LACK OF VIRUSES OR ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, REGARDING OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RANDONAUTICA, AND ITS EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RANDONAUTICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OR RESULTING FROM: (a) THE USE, OR THE INABILITY TO USE, THE SERVICES; (b) THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES; (e) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (f) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, RANDONAUTICA, AND ITS EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF RANDONAUTICA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR SERVICES.

Indemnification.

You agree to indemnify and hold RANDONAUTICA, its employees, contractors, agents, officers and directors harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that RANDONAUTICA may incur in connection with: (a) your breach of these Terms; (b) your fraudulent use of the Services; or (c) your violation of applicable law which you are responsible for.

Jurisdiction and Miscellaneous Terms.

If you use our Services from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms shall be governed by, construed and enforced in accordance with the laws of Nebraska, without regard to its conflict of law provisions.

Notwithstanding Section 14, to the extent you have in any manner violated or threatened to violate RANDONAUTICA’S intellectual property rights, RANDONAUTICA may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.

[Arbitration, Class Waiver, and Waiver of Jury Trial.

You agree to first contact RANDONAUTICA at randonautbusiness@gmail.com regarding any claim or controversy arising out of or relating to these Terms or your use of the Services. Except as set forth in Section 13, you and RANDONAUTICA, including its employees, agents, officers and directors, agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in in the state of Nebraska. You covenant not to sue RANDONAUTICA, or its employees, agents, officers and directors, in any other forum.

You also acknowledge and understand that, with respect to any dispute with RANDONAUTICA or its employees, agents, officers and directors arising out of or relating to your use of the Services or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE OR IN ANY REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.]

In-App Purchases.

Our Services may include in-app purchases that allow you to buy things such as map packs and skip water packs (“In-App Purchases”). If it does, it will not be necessary to make any In-App Purchases in order to use the Service. Whilst you cannot switch off In-App Purchases from being offered to you within the Service, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Service. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Service.

If you are under the age of majority in your state of residence, then you must have your parent’s or guardian’s permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.

More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the app store provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of majority in their state of residence, we recommend that you consider any parental controls that may be provided by the app store provider if you are concerned that your child may make In-App Purchases.

In App Purchases can only be consumed within the Service. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Service, then the app store provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.

[If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the app store provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the app store provider directly.]

You acknowledge and agree that all billing and transaction processes are handled by the app store provider from whose platform you downloaded the Service and are governed by the app store provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the app store provider directly.

© 2019-2020  Randonauts, LLC