Recently updated: July 2018
By accessing or using the Website, downloading, installing or interacting with the App, or otherwise using the Services, you agree to be bound by these Terms, as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you are under 18 years old, please read these Terms with your parents or other guardian. If you do not agree to be bound by these Terms, you should remove the App from your device, and cease all use of the Website and Services. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
Please note that the App and Website may include links to third party advertisements, services and products, which are subject to different terms and conditions, and you should review such terms prior to using any such service or making any purchase from such provider. Totem Time does not endorse or recommend the engagement with any third party service or product presented on the App or Website.
1.1 Totem Time enables Users to create and participate in augmented reality treasure hunts and other games and activities (“Game(s)”).
1.2 Totem Time reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or terminate the App, Website or any part thereof, all at its sole discretion. You will have no claim, complaint or demand against Totem Time or against any related parties or affiliates of Totem Time, for applying such changes or for failures incidental to such changes.
2. Registration and Participation
2.1 In order to use certain Services, such as creating or participating in a Game, you will be requested to register to the App and create an account (“Account”). You may register by signing up through your Facebook account, Google account or by providing an email address or phone number. You will also be requested to provide your full name and to choose a password. For further information on personal data collected and processed in connection with our App, Website and Services, see our Privacy Notice https://totemtime.com/privacy-policy/. You provide us with the above information voluntarily. You are not required by law to provide us with any personal data.
2.2 Any information you provide on registration must be correct, current, accurate and complete. You are entirely responsible for maintaining the confidentiality of your login credentials, namely your username and password. You agree and undertake not to use the login credentials of another User at any time, or to disclose your login credentials to any other User or other third party. You are responsible for all activities that occur through your Account. You agree to notify us immediately if you suspect any unauthorized use of your login credentials or your Account.
2.3 In the event you participate in a Game organized by a third party through the App, whether by another User, or public or private entity or corporation (“Organizer”), your participation will also be subject to terms, conditions and instructions of the Organizer. You should review any terms provided by the Organizer of the Game you are participating in.
2.4 In addition, please note that as Games are conducted in the physical world, they are also subject to additional limitations, which will not be necessarily included herein.
2.5 Use of the App does not replace information on the ground, such as reading signs on a trip route or on a visit site, and using common sense. You should obey the instructions of relevant authorities and Organizers and the information published in the media.
2.6 You should also respect to rules and regulations of locations and sites where Games are held. When playing a Game, do not disrupt the operations and activities of the site, visitors or other participants.
2.7 Games may contain or refer to information or materials located in the site where the Game is held, such as clues, artifacts hidden on site, etc. You should treat all such materials with respect, and refrain from any action which may cause damage to the site or prevent visitors or other participants from enjoying the site or Game.
3 Intellectual Property
3.1 Content and information provided on and through the App, Website and/or Services, including, without limitation, any of Totem Time logos, trademarks, graphics, designs, information, texts, images, data, underlying software, code, algorithm, technology and other material displayed, available or present through the App, Website and/or Services, (“Totem Time Content”) are the copyrighted and/or trademarked work of Totem Time and/or proprietary information and knowledge protected under trade secret, owned exclusively by Totem Time and its affiliates and/or licensors. Totem Time retains all rights, including any and all intellectual property rights, in the App, Website, the Services, and the Totem Time Content.
3.2 You have no right to modify, edit, copy, reproduce, publish, make available to the public, sell, rent, distribute, broadcast, transmit, create derivative works of, reverse engineer, alter, convey to a third party, enhance or in any way exploit any part of the App, Website or the Totem Time Content.
3.3 You may be able to upload, send, share or otherwise disclose content on the App or through the Services, including, without limitation, pictures and images, text, messages and other materials (“User Content”). If you upload, send, share or otherwise disclose User Content through the App, Website or otherwise through the Services, you hereby grant Totem Time and anyone on its behalf a world-wide, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, transferable and sub-licensable license, to use, store, transfer, display, distribute, publish, make available to the public, execute, perform, edit, modify and exploit the User Content in any manner, regardless of the specific media used, for any purpose.
4. Notice and Take Down Procedure
4.1 Totem Time respects the rights of Users and third parties. If you believe certain content uploaded or sent through the App or Services infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by sending us an email to firstname.lastname@example.org.
4.2 When providing us with notification of infringing content, please specify the following details:
4.2.1 Identify the material that you claim is infringing, as well as material infringed if any.
4.2.2 Provide information reasonably sufficient to permit Totem Time to contact you (email address is preferred).
4.2.3 Provide information, if possible, sufficient to permit Totem Time to notify the owner/administrator of the allegedly infringing content (email address is preferred).
4.2.4 Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
4.3 Totem Time may block contested content, and may reinstate it, and shall not be liable for any such action taken in connection with contested content
5. Restricted Uses
You hereby represent and warrant that you will not misuse the App, Website or Services in any way contrary to these Terms or any applicable law, or use the App, Website or Services in any way which might infringe upon the rights of any other User or other third party.
Furthermore, and without limiting any other obligations under these Terms or applicable law, you undertake that you shall not, and shall not permit others to:
5.1 Modify the App, Website and/or Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App, Website and/or Services, servers or networks connected to the App, Website or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App, Website and/or the Services and their underlying software, or other technology, code, algorithm or other proprietary information of Totem Time in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App, Website or the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the App, with or without notification.
5.2 Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Website, Services, technology or any software thereto;
5.3 Create a database by systematically downloading and storing all or any content from the App, Website or the Services;
5.4 Use the App, Website and/or Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the App, Website and/or Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;
5.5 Use the App, Website and/or Services in a way that infringes or violates these Terms, or infringes or violates the rights of any third party.
5.6 Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the App, Website, Totem Time Content, or the Services
6. User Content
6.1 The App allows you to share User Content and to interact with other Users. You are solely responsible for any and all User Content communicated, submitted or transmitted by you through the App or Services.
6. 2 You should be aware that any User Content you publish or share through the App may be viewed and used by other Users, as well as us. We are not responsible for any personal content, or personally identifiable information, which you choose to submit or share through the App and you are solely responsible to protect your privacy by what you decide to publicly share through the App. You should share User Content with discretion and in accordance with these Terms and applicable law.
6.3 You undertake and approve that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the App any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages (v) that contains any confidential or sensitive information about you or any User, such as medical information, information about sexual life or orientation, political affiliation, etc.
6.4 By uploading, communicating or transmitting any User Content using the App or the Services, you hereby represent and warrant that your content contribution is your own original work, does not infringe any third party’s rights (including copyrights and privacy rights), is not defamatory, offensive or unlawful and that such information shall be deemed to be non-confidential.
6.5 You further acknowledge and agree that Totem Time is not responsible for any User Content uploaded or shared through the App, and does not guarantee the accuracy, integrity, quality, completeness, accessibility, compatibility, suitability, reliability, availability, or timeliness of such User Content. You acknowledge that any and all User Content, does not originate from us, and we do not guarantee or warrant in any way that such content will be suitable, complete, accurate, of high quality, or compatible with your expectations.
6.6 Notwithstanding the foregoing, Totem Time may, but is not obligated to, review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that Totem Time, in its sole discretion, considers as non-compliant with any of the requirements of these Terms and/or applicable law.
6.7 Totem Time reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to or received from the App or through the Services. Totem Time shall not be liable for any purging, deletion or failure to retain any such User Content.
6.8 Organizers choose the participants or types of participants in Games, and Totem Time does not control, nor will Totem Time be liable, for any claims in connection with the choice of participants for a Game.
7. Purchases on the App
7.1 You may be able to purchase certain goods and services provided by various third party businesses (“Merchants”) on the App, and receive the goods and services (“Goods and Services”) from the Merchants in the framework of participating in a Game.
7.2 Totem Time does not determine the terms and conditions under which Goods and Services are sold, purchased and/or redeemed, and is not the owner of the Goods and Services offered by any Merchant. Totem Time has no obligation to examine the Merchants, the offers made by the Merchants, the existence of the Goods and Services and assumes no liability with respect to any of the above, the existence of the Goods and Services, or the actual consummation of a transaction between you and the Merchant.
7.3 Totem Time has no control over the quality or legality of the Goods and Services, and/or the truth or accuracy of the details provided by the Merchant, nor does Totem Time guarantee in any way the consummation of a transaction between a User and the Merchant. We do not investigate any Merchant’s reputation, conduct, morality or background.
7.4 By using the App you hereby acknowledge and agree that Totem Time is not responsible or liable for any of the offered Goods and Services and/or the content of an offer published, posted or uploaded by a Merchant.
7.5 Should you have a dispute with one or more Merchant(s), Organizers and/or Users, you hereby release Totem Time (and its officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from any and 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.
8. Limitations of Liability and Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT THE APP, WEBSITE AND THE SERVICES AND ANY OF THEIR CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
We disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, links, advertisement, Deep Linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.
8.1 Installation and use of the App may affect the performance of the mobile device upon which the App is installed, including, overuse of battery, causing the mobile device to shut down and damages to the data stored of the device. Totem Time makes considerable efforts to review and repair any malfunctions. It is hereby clarified that Totem Time shall not be responsible to any such malfunctions and that you will have no claim against Totem Time in connection with any such malfunctions.
8.2 The App’s location data is based and relies upon Google Maps, OSM and others. Totem Time is not responsible for the content of any such maps and Totem Time does not possess the capability to verify the maps against the current situation on ground. The language of the map is set in accordance with the device’s settings.
8.3 The App does not support all types of devices and it is the User’s responsibility to check the feasibility of using his/her device with the App. The Services are contingent upon availability and continuity of wireless internet connection of the mobile device. Lack of connectivity or disruptions to connectivity may prevent use of the Services. The User shall bear all charges made by a cellular communication provider associated with use of internet communication for the App, including in the event of exceeding the User’s cellular package.
8,4 Totem Time shall not be responsible for any damage which may be caused due to a malfunction or defect of the software underlining the App or access to the App or due to cancellation or termination of the Services. Totem Time shall not be responsible or liable for any errors or inaccuracies in the information and/or content displayed on the App, a substantial portion of which may be Users’ Content.
8.5 User Content or other content available through the App and Services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party App. By using the App and Service, you expressly acknowledge and agree that We shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website
8.6 TOTEM TIME’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APP AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES AND REMOVE THE APP FROM YOUR DEVICE. TOTEM TIME AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES AND/OR IN CONECTION TO ANY USER CONTENT. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL IS LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.
8.7 Use of the App does not substitute information available on location, such as signs displayed on location where a Game is held, guidelines of nature and parks authorities, and information presented on the media.
8.8 For the avoidance of doubt, Totem Time shall not be liable towards you or any third party for any damage, loss, injury or harm caused by any action taken by you as a result of content presented on the App, Website and/or Services.
8.9 Use of the App is dependent upon cellular reception of your mobile device; therefore, the App may not work or may work partially in certain areas where reception is low.
8.10 The User acknowledges that he/she is aware that some of the information available on the App is generated and uploaded by other Users, and may be inaccurate, outdated, incompatible with weather conditions or with information provided by the relevant authorities.
Without derogating from the above, User acknowledges that he/she is aware that there are certain locations which are dangerous or to which entry is prohibited, including, inter alia, firing zones, minefields, cliffs, etc. You acknowledge that you are aware that visiting such locations is prohibited and the App is not intended for use in any prohibited locations. Visiting prohibited areas shall be at User’s sole risk and responsibility. Note that the App will not necessarily inform you of being in a prohibited area and it is your sole responsibility to check this out prior to entering an area.
TOTEM TIME AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN), ARISING FROM YOUR USE OF THE APP OR SERVICES. TOTEM TIME SHALL NOT BE LIABLE TO ANY DAMAGE CAUSED TO A USER FROM BEING IN A LOCATION WHICH IS UNSECURE OR UNSAFE OR ANY OTHER DAMAGE, OR BODILY INJURY OR EMOTIONAL HARM OF A USER OR A THIRD PARTY, EVEN IN CASE OF A MALFUNCTION IN THE SERVICES DURING PARTICIPATION IN A GAME.
You agree to defend, indemnify, and hold harmless Totem Time, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of to the App, Website or Services, and any use of the App, Website or Services made through Your account; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property, property, or privacy right.
10.1. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Private Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.
10.2 Waiver; Severability. The failure to require performance of any provision shall not affect our rights to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
10.3 We may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
10.4 Choice of Law. Unless expressly stated to the contrary elsewhere within the App or Services, the App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
10.5 Amendments and Modifications. We may, at any time and from time to time, to modify these Terms. Modifications to these Terms will be posted on the App.
10.6 Notification. We may provide notices to you by email to the email address specified by you (to the extent that you have been requested to submit your email), by posting a message to your account interface or by posting a message on the App, and is deemed received when sent. In addition, any notices to us or question regarding these Terms may be sent to: email@example.com