TERMS & CONDITIONS OF USE

Updated and Effective March 28, 2022

You’re about to embark on an interactive adventure guided by the InnoQuests Mobile App (hereafter, the/our “App,” the/our/this “Application,” “InnoQuests App,” or “InnoQuests Mobile App”). Before you start, we need you to review the Terms & Conditions of Use, (hereafter, the/these/our “Terms”), Privacy Policy, and Player Guidelines developed by InnoQuests LLC (“us,” “we/our,” “InnoQuests LLC”) that outline your use of our Services. Your acceptance of our Terms represents a legal contract between you and InnoQuests LLC. This is NOT an agreement between you and Apple Inc. (“Apple”), between you and Google LLC (“Google”), or between you and any other company, entity, individual, and/or organization that has made the App available to you. InnoQuests LLC is solely responsible for the Content, claims, and/or warranties related to our App, except as otherwise disclosed in our Terms. If you are accessing our App via the Apple App store, you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of our Terms and may enforce the Terms.

 

You’re probably ready to start your adventure, so we’ve put some key points from our Terms in the table below. We encourage you to read everything in our Terms in detail, but the table below provides a quick overview.

What am I accepting by agreeing to the Terms?

 

Question

Quick Answer

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What happens if I agree to the Terms & Conditions of Use, Player Guidelines, and Privacy Policy? What if I don’t agree?

If you agree to all Terms & Conditions of Use, Player Guidelines, and the Privacy Policy, you’re given access to our Services and are entering a legal contract with InnoQuests LLC. If you do not agree to all Terms & Conditions of Use, Player Guidelines, and the Privacy Policy, you cannot use our Services. Sorry – we’ll miss you.

 

Section 1

Can InnoQuests LLC change the Terms & Conditions, Player Guidelines, and/or Privacy Policy?

 

Yes. We’ll ask you to accept the most recent version of the Terms each time you buy a ticket for an InnoQuest. You should also download/keep copies of these documents for your records.

Section 1

Who can create an account?

Anyone age 18+

Section 3

 

Can people under age 18 play?

Yes, but people under age 18 must play on an account owned & operated by a parent/guardian. The parent/guardian takes full legal responsibility for those under age 18 and agrees to physically supervise them during play. Some games have additional age restrictions.

 

Section 3

Section 4

How do I have a safe experience?

InnoQuests are played in real-world locations, so we cannot know what risks may be present in the environment. You are responsible for being aware of your surroundings and acting cautiously/responsibly.

 

Section 5

What if I get hurt while playing?

InnoQuests LLC would be very sad, but we don’t take responsibility for any event/occurrence that occurs while you access/use/play our product and we are not liable for any damages should you experience an event/occurrence. We do our best to create games that lead to safe and fun experiences, but we cannot anticipate what will occur in a given location on a given day. Thus, you play at your own risk.

 

Section 5

Section 10

Section 11

Section 12

What if I hurt someone else while playing? Or, what if I damage property while I’m playing?

 

Please play responsibly! All clues/puzzles are in plain sight, so you should never touch any public works of art, buildings, etc. You must also make sure you don’t hurt others or others’ property with your actions. If you damage any other person or property while using our Services, you are responsible; We are not liable.

 

Section 11

Section 12

Does InnoQuests LLC and its Services have any sort of warranty or guarantee?

No. We do everything we can to keep our games up-to-date and our systems free from problems. But, unexpected events can happen. We can offer you a refund for the amount you paid for your tickets if you are unhappy.

 

Section 10

Section 11

Section 12

What are the other restrictions related to these Services?

 

Basically, you need to be a good person. You’re agreeing that you will not violate laws (e.g., trespassing), damage property, harm others, interfere with others’ play or our Services, reverse-engineer our product, and/or use our Services for commercial purposes. You also won’t encourage others to do these things.

 

Section 6

Can InnoQuests LLC terminate my account? When or why would this happen?

 

Yes. For minor violations, InnoQuests LLC would reach out to the account holder and ask them to implement a solution to an identified problem. For major issues, such as if InnoQuests LLC were to find out that a person under age 18 has opened an account, an account was/is being used for damaging/harmful purposes, gross violations of our refund policy, at the request of law enforcement, or if InnoQuests LLC had to shut down, we can terminate your account without notice. Play nice, follow the rules, keep buying tickets so that our business doesn’t close, and we’ll keep your account open.

Section 7

What if something happened and I want to take InnoQuests LLC to court? Or, what if InnoQuests LLC wants to take me to court?

Ugh. Let’s be friends first. This sounds like a headache. We agree that we’ll first discuss possible remedies with each other. If we absolutely can’t come to an agreement, we agree that any legal proceedings will be governed by New York State law.

 

Section 13

Who owns the Content on these Services?

InnoQuests LLC owns the Content. We don’t own the different public works of art, sculptures, buildings, etc. that you’ll experience throughout the InnoQuest. We encourage you to learn more about the people and artistic talents that created those works! Other companies own some of the components of our product. By using our Services, you’re also agreeing to abide by their licensing requirements.

 

Section 9A

Section 9B

Who owns the content that I submit to these Services?

InnoQuests LLC does. We can use any pictures or ideas provided by you in your app store review, product review(s), e-mails, communications via social media, verbal, or any other method of communication through which you have shared information with us. We don’t reimburse you for any of these things. It’s just part of the deal if you play our game.

Section 9C

 

Sound good?

You should read the full text of our Terms and indicate your agreement only if you accept them.

 

1.   Terms

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Our mission is to create interactive adventures that provide unique and memorable opportunities to explore the world. Please read these Terms carefully, as they explain your use of our Services. Then, we’re excited to welcome you to the Services offered by InnoQuests LLC!
The InnoQuests Mobile App is a product and affiliated service of InnoQuests LLC. The App offers users the ability to purchase tickets for – and subsequently access and play – interactive games based in real-world locations. A single story or game within the App is referred to as an “InnoQuest” or “game,” using the plural “InnoQuests” or “games.” When playing an InnoQuest, one or more users move from location-to-location, identifying answers to clues presented within the App by exploring their real-world surroundings. Collectively, we refer to our App, affiliated service(s), any social media profile(s)/communication(s), communication(s) between us and you, and the InnoQuests LLC website located at http://www.innoquests.com as our “Services.” Within our Services, you will access “Content.” Content should be interpreted broadly, referring to – but not limited to – text, pictures, interactive game elements, images, code, feedback, account details, e-mails, and audiovisual materials. For clarity, use of “Services” in this agreement should be taken to include Content, unless otherwise stated.

Please note that if you are accepting these Terms on behalf of an organization or other entity, you are agreeing that you have full legal authority to bind that entity to these Terms.

As noted in sections 2 and 3 of our Terms, only individuals over the age of 18 may establish an account with InnoQuests LLC and our App. If you create an account and allow a person(s) under the age of 18 (hereafter, the/a “Minor,” the/a “Child,” or “Children”) to access/use that account, you are agreeing that you have full legal authority to bind the Minor to our Terms, Privacy Policy, and Player Guidelines, will ensure the Minor adheres to our Terms, Privacy Policy, and Player Guidelines, will physically supervise the Minor’s use of our Services, and that you accept full and complete responsibility for the Child’s/Children’s action(s), inaction(s), behavior(s) and/or communication(s) related to access/use of our Services.

By accessing or using our Services, you are agreeing to our Terms. If you do not agree to our Terms, do not use our Services. InnoQuests LLC may modify our Terms at any time. You will be asked to reaffirm agreement to any Terms (including modifications) each time you purchase a ticket to an InnoQuest. If you agree to the modified Terms, you are bound by those Terms. If you do not agree to the modified Terms, you may not use our Services.

2.   Scope of License

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By downloading our App, you are granted a non-transferrable license to use the App on an electronic device that is owned or controlled by you. If you participate in Apple’s Family Sharing plan, your license is transferrable to the extent outlined by Apple in describing their Family Sharing plan(s). If you participate in Apple’s volume purchasing program and we choose to make our App available through that program, your license is transferrable to the extent outlined by Apple in describing their volume purchasing program.

3.   Eligibility and Account Registration

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Only individuals age 18 or older are eligible to have an account with InnoQuests LLC either via account creation with InnoQuests LLC or via access by third-party provider. We have established these restrictions as our App requires access to GPS on a mobile device. In addition, our games require that you purchase one or more ticket(s) using a credit card and that you physically attend real-world locations.

 

Despite the aforementioned limitations on account registration, the majority of the games within our App contain Content that is appropriate for use/viewing/play by individuals under age 18. However, while people under age 18 are welcome to play such games, they must play on an account that is owned and managed by a parent/guardian and must play under the account owner’s physical supervision. Additional detail is provided in section 4 of our Terms.

 

Some games impose additional age restrictions beyond those noted in our Terms. These restrictions are clearly noted in the App. For example, these restrictions could be imposed when a story could be too intense for young players.

 

If, and only if, you meet the age requirement, you may establish an account to access our Services or access our Services via a third-party provider made available on the InnoQuests Mobile App’s log-in page. You are responsible for keeping your account information confidential and accurate. You are responsible for all activity that occurs in connection with your account, whether such activity occurs with or without your knowledge.

 

We make extensive efforts to maintain the privacy of your data. You are responsible for reviewing and accepting our Privacy Policy. If you do not agree to our Privacy Policy, you may not use our Services. You should keep a copy of the Terms & Conditions of Use, Privacy Policy, & Player Guidelines for your records.

4. Participation of Children Under Age 18

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Individuals under the age of 18 may not have an account with InnoQuests LLC, either via direct account establishment within our App and/or by accessing our App via third-party provider. However, there are conditions in which individuals under the age of 18 may play an InnoQuest offered within our App. We describe those circumstances here.

 

In describing the participation of Children under the age of 18, we use the term “parent/guardian” to mean any parent, legal guardian, and/or other individual who is legally able to accept these Terms on behalf of himself/herself/them and on behalf of any individual(s) under age 18 who will access his/her/their account under the supervision of said parent/guardian (hereafter, the/a “Minor,” the/a “Child,” or “Children”).

 

Children may participate in a game only under the following conditions: (a) a parent/guardian establishes an account and accepts our Terms, Privacy Policy, and Player Guidelines on behalf of him/her/their-self and any associated Child/Children, (b) the parent/ guardian purchases ticket(s) for an InnoQuest, (c) the parent/guardian physically accompanies the Child/Children throughout the game, managing their own account throughout the experience, and (d) the parent/guardian takes full and complete responsibility for the Child/Children’s safety, actions, and communication(s) while using our Services and takes complete responsibility for ensuring that the Child/Children abide by our Terms, Privacy Policy, and Player Guidelines.

 

If, at any point in time, you discover that a Child under the age of 18 has established an account, we ask that you notify us immediately. We would then terminate that account and delete any associated personal information. You may contact us at support@innoquests.com.

5. Safe Play

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You are responsible for your safety while using our Services. Our games take place in various locations and cities. By accessing our Services, you face risks including but not limited to encountering unsafe people, activities, or behaviors, including risks in the environment (e.g., traffic, construction, threats from other people or entities, etc.). You agree that exploration of your surroundings is done at your own risk. You understand and agree that you will be participating in a location-based activity offered by our Services and that such activities pose risks such as bodily injury or death. You knowingly accept these risks and agree that you will take the following actions to protect yourself while accessing/using our Services. Specifically, you will:

 

·         Be aware of your surroundings. You will not move to a location that could cause physical or emotional harm or be dangerous in any way.

 

·         Prioritize your safety and others’ safety over game play. This means that you will act carefully, cautiously, and responsibly, even if that means you must skip a location in the game, delay attendance at a location, or move through the game at a slower than desired pace.

 

·         Communicate cautiously. You will be aware of your surroundings as you engage in any vocal, physical, or electronic/digital communication.

 

·         Maintain any insurance policy including, but not limited to, health, personal injury, medical, life, liability, or any other insurance that you believe to be reasonably necessary for any injuries or damage that could occur while accessing our Services.

6. Restrictions

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To use our Services, you must agree to the following restrictions. Specifically, you agree that when accessing or using our Services, you will not engage in any of the items listed below. In addition, you agree that in conjunction with your access or use of our Services, you will not encourage or enable any other individual(s) or entity/entities, including any Child/Children, to do the following:

 

·         Violate any applicable local, state, national, or international law

 

·         Violate our Player Guidelines, Privacy Policy, and/or our Terms

 

·         Violate any other applicable rule, regulation, and/or policy associated with our Services and/or with the geographic location wherein our Services are accessed/played

 

·         Violate the legal rights of others or participate in any other action, conduct, inaction, or communication that could or will violate others’ legal rights. For example, such violations include, but are not limited to, defamation, libel, abuse, harm, stalking, or threats.

 

·         Engage or attempt to engage in an any action, inaction, behavior or communication that could cause harm, promote violence, or injure any other individual or group

 

·         Disseminate content, act, or communicate in a way that is threatening, intimidating, harmful, unlawful, tortious, embarrassing, pornographic, vulgar, offensive, in violation of another’s right to privacy, and/or that which promotes discrimination, harm to minors, bigotry, racism, harassment, political or religious extremism, provides instruction on illegal activities, or would be deemed inappropriate by a reasonable party

 

·         Trespass or enter private property without permission, or attempt to gain or gain access to private property

 

·         Disassemble, take apart, modify, vandalize, break, destroy, or otherwise harm any public or private property encountered while using our Services

 

·         Post, upload, communicate, or disseminate any unsolicited or unauthorized marketing, advertising, and/or promotional materials

 

·         Fulfill any commercial purpose in association with our Services, including but not limited to the modification or copying of any part of our Services or use of any part of our Services, unless you have been granted express written permission by InnoQuests LLC

 

·         Interfere with others’ abilities to enjoy our Services

 

·         Obtain any personally identifiable information from users of our Services without their express written permission

 

·         Publish any hints, walk-throughs, videos or pictures that would be assistive in completing an InnoQuest

 

·         Use any method such as automation software, data mining tools, or other tools to access, display, or collect data from our Services without our express written permission

 

·         Transmit any virus, Trojan horses, worms, or other program(s) or script(s) in association with our Services

 

·         Disseminate any content that impinges upon an individual’(s) and/or entity/entities’ intellectual property, such as patents, copyrights, trademarks, and trade secrets

 

·         Attempt to or actually test or violate the security measures that we have put in place to protect our Services

 

·         Abuse or exploit bugs, undocumented features, design errors, or problems in our Service

 

·         Attempt to or actually interfere with our ability to provide our Services, including via efforts to place a large load on our infrastructure (e.g., DoS, DDoS attacks)

 

·         Attempt to or actually engage in efforts to reverse engineer, decompile, or disassemble our Services or obtain the source code of the software associated with our Services

 

·         Remove any copyright or other proprietary designations from our Services

 

·         Transfer or attempt to transfer our Services to another person(s) or entity/entities, including via “mirroring” the Services

 

·         Engage in any other action, inaction, or communication that could give rise to any civil liability

 

7. Account Suspension, Termination, and Right to Bring Legal Action

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We have the right to protect our Services by removing any content that we deem objectionable or investigating any potential violations of our Terms. For minor violations, we will first reach out to you and ask you to address/fix the problem. For major violations or suspected major violations of our Terms, gross violations of our refund policy (as identified by InnoQuests LLC co-founders), and/or requests from law enforcement, we reserve the right to immediately and without notice suspend or terminate your account. We also reserve the right to bring legal action against you for violation or perceived violation of our Terms. We may initiate such legal action at any time, regardless of when the violation occurred and/or was discovered, as consistent with any applicable laws/regulations. If your account is suspended/terminated or if you violate any of our Terms, we also reserve the right to delete any content associated with your account (e.g., product reviews, account information, etc.). If your account is suspended or terminated, you cannot create a new account and/or access or use our Services via an account owned or created by others. You should also be aware that you have the personal right to stop using or delete your account at any time. Procedures for handling data in such instances are covered in our Privacy Policy.

 

Following termination, suspension, or deletion of an account, to the fullest extent provided by law, the provisions of our Terms will remain in effect.

 

8.   Consultation with Law Enforcement

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Should law enforcement request our cooperation on a matter pertaining to use or users of our Services, we reserve the right to cooperate with their requests. We also have the right to consult with law enforcement, should we need to do so as a result of a user’s perceived or actual violation of our Terms, Privacy Policy, and/or Player Guidelines.

9.   Ownership

A.   Our Services & Content

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Our Services are the property of InnoQuests LLC. By agreeing to our Terms and accessing or using our Services, we grant you the right to download and install our App on a personal device and use it for personal, noncommercial purposes, unless we have granted you express written permission to do otherwise. We reserve all rights in and to the App and our Services that have not been expressly granted to you via our Terms or a written/signed contract executed with a responsible party at InnoQuests LLC. As the owner of our Services, InnoQuests LLC is responsible for any product maintenance and support that has been identified within our Terms and/or as required by relevant law. Apple, Google, or any other app store or app provider platform that facilitates access to our Services is not responsible for maintenance and/or support services.

 

Unless otherwise noted in this agreement, the materials and Content contained in our Services are protected by applicable copyright and trademark law. Our Services encourage you to explore various real-world locations. Clues or Content within our app may provide minimal visual, written, or auditory references designed to direct your attention to existing buildings, monuments, sculptures, works of public art or other entities situated in those real-world locations. We do not claim copyright or any other proprietary right related to any building, architectural design, monument, sculpture, statue, public work of art or other entity encountered while using our Services. Should you perceive that a violation of copyright resulting in unauthorized use has occurred, please contact us at: support@innoquests.com. InnoQuests LLC further acknowledges that if a third-party makes a claim indicating that our App and/or your use of our App has infringed on a third-party’s intellectual property rights, InnoQuests LLC – not Apple, Google, or any other entity providing access to our App – is solely responsible for the investigation, defense, settlement, and/or discharge of that claim.

 

B.   Others’ Services & Content

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Our Services may display content produced or created by others, such as that appearing in reviews of our games. You may not download, obtain, keep, or otherwise use the content of others unless you have gained their express written permission.

 

At times, our Services may hyperlink to another site and/or entity. We have not reviewed the content(s) of such links and are not responsible for associated link content(s). Unless otherwise noted, we do not endorse any entity affiliated with such links and you agree that use of any linked content is at your own risk. If you leave our Services, for example to visit another website or application, the terms and conditions of use for that website/application will govern your use of the associated content.

 

We use third-parties in the design, implementation, and maintenance of our Services. For example, we have utilized various components to create our Services that are licensed for commercial use. A list of these licenses is available within the InnoQuests Mobile App. We also currently use or may use at a future point in time, Google APIs and Google Firebase (Performance Monitoring, Cloud Messaging, Crashlytics and Analytics) to provide our Services, obtain data on player use, and improve the quality of our Services. By accessing/using our Services, you agree to be bound by Google APIs Terms of Service. By accessing/using our Services and associated components licensed from other vendors, you agree to be bound by any terms, policies, or guidelines established by any associated third-party providers.

 

C.   Your Content

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You provide us with a worldwide, non-exclusive, royalty-free, irrevocable, fully transferrable, and sublicensable right to use, modify, reproduce, adapt, publish, translate, distribute, display, or create derivative works of your content for any commercial or non-commercial purpose in any setting or form. This includes but is not limited to sharing your product reviews on social media, our website, app stores, promotional materials, and/or any internal or external communications facilitated by us. You further agree that any feedback, ideas, or suggestions provided to InnoQuests LLC are provided voluntarily and that InnoQuests LLC may use any such feedback, ideas, or suggestions without any compensation or obligation to you. This includes feedback, ideas, or suggestions provided by you to InnoQuests LLC in any form including, but not limited to, verbal communication, digital/electronic communication, e-mail, app feedback, app store feedback, and/or feedback provided by you on any of our social media profile pages.

 

10.                Warranty Disclaimer

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Our Services are provided on an as-is and as-available basis. You acknowledge that you and any other authorized or unauthorized user of your account access and use our Services and App at your own risk. Should an end-user or third-party raise any claims or questions about our App, including claims pertaining to losses, liabilities, damages, costs, or expenses, both InnoQuests LLC and you, as the user, agree that neither Apple, Google, nor any other app store or platform used to obtain our app – has any warranty obligation, to the fullest extent provided by law. This includes product liability claims, claims indicating that our App fails to meet relevant legal or regulatory agency requirements, or claims pertaining to privacy, consumer protection, or other legislation. By accepting our Terms, you also agree and accept that InnoQuests LLC – to the fullest extent provided by law - makes no representation or warranty of any kind, express or implied, regarding the accuracy, availability, adequacy, functionality, validity, reliability, or completeness of our Content, Services, and/or the real-world locations, entities, properties, and/or objects encountered while using our Services. We do not make any representation or warranty that our Services are free of errors, viruses, or other potential breaches to our extensive efforts to protect your rights and privacy, nor do we make any representation or warranty that our Services will operate in a timely and/or uninterrupted manner or be compatible with any hardware, software, or system that you may possess.

 

To the fullest extent permitted by law, InnoQuests LLC disclaims all warranties, whether express or implied, whether by statute, common law, or otherwise, regarding our Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or arising from availability, performance, or usage.

 

11.                Limitation of Liability

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TO THE FULLEST EXTENT PERMITTED BY LAW, INNOQUESTS LLC AND OUR OFFICERS, DEVELOPERS, PARTNERS, CO-FOUNDERS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS-OF-PROFIT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING FROM (A) ABILITY TO USE OR INABILITY TO USE OUR SERVICES, INCLUDING – BUT NOT LIMITED TO - CLAIMS PERTAINING TO INTERRUPTION OF SERVICE, SYSTEM FAILURE, ERRORS/OMISSIONS IN OUR SERVICES OR GAME(S), CHANGES IN AVAILABILITY OR ACCESS TO THE PHYSICAL LOCATIONS WHERE OUR GAMES ARE PLAYED, AND/OR COST OF SUBSTITUTE SERVICES; (B) UNAUTHORIZED ACCESS TO, USE OF, DISCLOSURE OF, OR ALTERATION OF YOUR CONTENT OR PERSONAL INFORMATION; (C) STATEMENTS, CONDUCT, COMMUNICATIONS, INTERACTIONS, OR OMISSIONS OF INFORMATION BY INNOQUESTS LLC AND/OR BY A THIRD-PARTY PROVIDER AFFILIATED WITH OUR SERVICES, AND (D) ANY OTHER CLAIM(S) RELATED TO OUR TERMS.

BY ACCESSING AND/OR USING OUR SERVICES, YOU FURTHER ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK AND ARE AWARE OF THE RISK OF PHYSICAL INJURY OR DEATH RESULTING FROM GAME PLAY. YOU ENTER INTO THESE RISKS KNOWINGLY AND VOLUNTARILY, ACCEPT THE RISKS, AND ASSUME RESPONSIBILITY FOR ANY RISKS OR DANGERS THAT COULD ARISE FROM USING OUR SERVICES. SHOULD A CLAIM ARISE PERTAINING TO ANY LIABILITY FROM PERSONAL INJURY, ACCIDENT, ILLNESS, OR DEATH, THAT IS OR IS PERCEIVED TO BE AFFILIATED WITH OR RELATED TO YOUR ACCESS TO AND/OR USE OF OUR SERVICES, YOU AGREE THAT YOU WILL RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE INNOQUESTS LLC AND OUR OFFICERS, DEVELOPERS, PARTNERS, CO-FOUNDERS, AND EMPLOYEES.

BY ACCEPTING OUR TERMS, YOU ALSO AGREE THAT IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD-PARTY/PARTIES (INCLUDING BUT NOT LIMITED TO ONE OR MORE OTHER USER(S), ANOTHER PERSON/PEOPLE, OR A BUSINESS, NON-PROFIT, GOVERNMENT OR OTHER ENTITY) RELATING TO YOUR ACCESS AND/OR USE OF OUR SERVICES, YOU RELEASE INNOQUESTS LLC AND OUR OFFICERS, DEVELOPERS, PARTNERS, CO-FOUNDERS, AND EMPLOYEES FOR 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. YOU FURTHER AGREE THAT ALL PROVISIONS OF OUR TERMS HOLD WHETHER YOU WERE OR WERE NOT PROMPTED BY OUR SERVICES TO ATTEND A LOCATION WHERE A CLAIM OR DISPUTE AROSE. YOU TAKE FULL RESPONSIBILITY FOR ANY CLAIMS, LIABILITY, DAMAGES (ACTUAL AND CONSEQUENTIAL), CIVIL CLAIMS, AND DEMANDS OF EVERY KIND AND NATURE IN ANY WAY RELATED TO YOUR USE OR ACCESS TO OUR SERVICES.

BY ACCEPTING OUR TERMS, YOU ALSO AGREE THAT ALL PROVISIONS OUTLINED IN OUR TERMS, INCLUDING THOSE RELATED TO LIMITATION OF LIABILITY, APPLY TO ANY OTHER INDIVIDUAL(S) AND/OR ENTITY/ENTITIES, INCLUDING MINOR(S) OR A CHILD/CHILDREN, ACCESSING YOUR ACCOUNT, WHETHER THEIR ACCESS IS AUTHORIZED OR UNAUTHORIZED.

IN THE EVENT THAT A COMPETENT COURT JURISDICTION FINDS ANY PORTION OF THE PRECEDING ARGUMENT(S) TO BE INVALID, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INNOQUESTS LLC AND OUR OFFICERS, DEVELOPERS, PARTNERS, CO-FOUNDERS, AND EMPLOYEES FOR ANY CLAIM UNDER THIS AGREEMENT OR ARISING OUT OF THE USE OR ACCESS TO OUR SERVICES, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US FOR OUR SERVICES. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU RELEASE INNOQUESTS LLC AND OUR OFFICERS, DEVELOPERS, PARTNERS, CO-FOUNDERS, AND EMPLOYEES FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THAT LIMITATION.

12.                Indemnification

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You agree to indemnify, defend and hold harmless InnoQuests LLC and its officers, developers, partners, co-founders, and employees from and against any and all losses, disputes, actions, demands, suits, liabilities, damages, claims, and costs and expenses (including reasonable attorneys’ fees and accounting fees), arising out of or in any way connected with: (a) your breach of any of our Terms, (b) your fraudulent access to or use of our Services, (c) your violation of any applicable local, state, national, or international law which you are responsible for adhering, and (d) your violation of any applicable rule, regulation, policy, or the Player Guidelines for which you are responsible to adhering. You further agree this indemnification clause applies to any other individual(s) and/or entity/entities, including Minor(s) or a Child/Children, accessing your account, whether their access is authorized or unauthorized.

13.                Dispute Resolution

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In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall make every effort to negotiate with each other in good faith and attempt to reach a just and equitable solution to the disagreement, claim, or question that is satisfactory to both parties. If direct discussion does not result in an acceptable solution to both parties, the parties agree the Terms and any associated action(s) will be governed by the laws of the State of New York.

14.                General Terms (Severability, Waiver, Entire Agreement)

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You agree and understand that our Terms are written with the intent to be as broad and inclusive as permitted by the law of the State of New York. Should a court of competent jurisdiction find that any portion of our Terms are invalid or unenforceable, you agree that all remaining provisions of the Terms will remain in effect. Our Terms, our Privacy Policy, our Player Guidelines, any express written contracts executed between you and InnoQuests LLC, and any other terms or policies that we post to our Services constitute the full agreement between you and InnoQuests LLC with regard to your use of our Services. By agreeing to and continuing to use our Services, you accept all provisions of this agreement both for you and for any user(s) – including a Child/Children - either authorized or unauthorized – of your account. You acknowledge that you do so freely and voluntarily and are reminded that you must refrain from using our Services if you do not agree with any portion of our Terms, Player Guidelines, and/or Privacy Policy.