Terms and Conditions of Use Agreement
Please read this Terms and Conditions of Use Agreement (“Terms” or “Agreement”) as it sets forth the conditions of participating in any game, mission, activity or event (each, an “Activity” and collectively “Activities”) organized by InterVarsity Christian Fellowship/USA (“InterVarsity”) through the GooseChase mobile application (“Application”). This Agreement is a legally binding agreement between InterVarsity, an Illinois not for profit religious organization, with offices at 635 Science Drive, Madison, Wisconsin 53711 and you the participant/user (“You”, “Your” or “User”) with respect to Your participation in any Activity and Your use of the Application. If You do not agree to the terms and conditions of this Agreement, You should not participate in any Activity and should immediately cease all usage of the Application.
BY CLICKING THE “ACCEPT” BUTTON TO CERTIFY THAT YOU HAVE READ AND AGREE TO THESE TERMS OF SERVICE IN THE GOOSECHASE APP OR BY PARTICIPATING IN ANY ACTIVITY OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE APPLICATION, OR ANY SERVICES OR CONTENT OR DATA PROVIDED THROUGH OR CONNECTED WITH THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS. INTERVARSITY RESERVES THE RIGHT TO CHANGE, MODIFY, ALTER, OR UPDATE THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED ON THE APPLICATION. YOUR CONTINUED PARTICIPATION IN ACTIVITIES OR USE OF THE APPLICATION AFTER MODIFICATIONS ARE POSTED CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT AND ITS MODIFICATIONS. EXCEPT AS PROVIDED IN THIS PARAGRAPH, THE TERMS MAY NOT BE AMENDED.
As used herein, the phrases “use the Application”, “use of the Application,” “usage of the Application” and similar variations of the foregoing include accessing, visiting, browsing, using or attempting to interact with or use any part of the Application, or any services or content or data provided through or connected with the Application.
Participating in Activities and Accessing and Using the Application
You may participate in an Activity and access and use the Application only if You agree to and can form a legally binding contract with InterVarsity under applicable law, and all use must be in compliance with these Terms and all applicable laws. If You participate in an Activity or use the Application on behalf of a company, organization, or other entity (“Organization”), then (a) references to “You” includes You and that Organization, and (b) You and the Organization each represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms and bind the Organization to these Terms, and that You and the Organization each agree to be bound to these Terms. For use by an Organization, the identifying information of the Organization must be included in the registration in order for your and the Organization’s use to be valid and authorized. No right, title, or interest is granted in or to the Application.
Behavioral Ex ations
Your participation in an Activity and use of the Application in connection therewith is a privilege, not a right, and InterVarsity reserves the right to refuse to allow You to continue to participate in such Activity or in any future Activity and/or use the Application in connection with such Activities. InterVarsity shall not be liable to You or any third party should InterVarsity exercise its rights as set forth in the preceding sentence. You acknowledge and accept that You have a responsibility to (i) follow any and all rules related to an Activity, (ii) act within the limits of Your ability, (iii) heed all warnings and instructions regarding participation in any Activity, (iv) maintain control of Your person, equipment or devices, and (v) refrain from acting in any manner that may cause or contribute to death or injury to Yourself or others or damage to property. You also acknowledge and accept that InterVarsity does not guarantee continuous, uninterrupted or secure access or use of the Application and that operation of the Application may be interfered with or adversely affected by numerous factors or circumstances outside of InterVarsity’s control.
General Assumption of Risk and Release
To the maximum extent possible, You understand, assume, and accept the risks and hazards involved in participating in the Activities and using the Application, including risks that may not be known to You or reasonably foreseeable. You unconditionally and fully release, hold harmless, defend, indemnify, and discharge (collectively, “Release”) InterVarsity and its affiliates, subsidiaries, directors, officers, trustees, employees, representatives, and agents (each an “InterVarsity Party” and collectively, the “InterVarsity Parties”) from and against any and all direct and indirect losses, expenses, liabilities, claims, suits, proceedings, demands, judgments, assessments, actions, costs, fees, and damages of whatever kind or nature, either in law or in equity, arising from or related to Your participation in any Activity or use of the Application, including loss, illness, injury or damage to Yourself or Your property (collectively “Claims”), regardless of whether such Claims are caused in whole or in part by the active or passive negligence of an InterVarsity Party or otherwise and regardless of whether such Claims have accrued or are hereafter acquired. Additionally, You covenant not to commence a lawsuit or administrative complaint or any sort of proceeding whatsoever against any InterVarsity Party at any time in the future based on any right or claim that You may have or hereafter acquire with respect to Claims.
COVID-19 Assumption of Risk and Release
You acknowledge that the COVID-19 outbreak has been declared a worldwide pandemic by the World Health Organization. You further acknowledge that COVID-19 is an extremely contagious disease known to spread through person to person contact and cause severe illness and death in persons who contract COVID-19. You also understand that an inherent risk of exposure to COVID-19 exists in any space where people are present and such risk cannot be completely eliminated. Notwithstanding the risks associated with COVID-19, which You readily acknowledge, You willingly choose to participate in the Activities and fully assume the risk of COVID-19 related illness or death in connection with Your participation in such Activities. You hereby Release the InterVarsity Parties from any Claims related to COVID-19 which might occur as a result Your participation in any Activity. You agree to consult with Your medical provider regarding Your individual health risks and ability to participate in the Activities and further agree to observe any and all public health precautions recommended by federal, state, and local health authorities with respect to COVID-19.
Interactive Participation and User Posted Content
Interactive Communications and Posting Content
Through the Application, You may input content and other materials and participate in a number of interactive communication activities including chat, forums, message boards, email, and other means of interactive communication (collectively, “Interactive Communications”). Use of the Application and any Interactive Communication connected therewith may require the Application to integrate with other applications and/or services on Your device. Such integration may allow the Application to collect information from your device (including, without limitation, software and hardware information, images from your device’s camera and photos, location information, information from your device’s phonebook, and/or any information collected by cookies or other technologies). InterVarsity is not responsible for any information, images, or data accessed, stored, processed, or collected by the Application via integration or otherwise. Further, InterVarsity is not responsible for the content, opinions or accuracy of any information provided or posted in any Interactive Communication or otherwise. You participate at Your own risk when engaging in any activity relating to the Application (including any Interactive Communication). You expressly assume all risk and take full and sole responsibility for (a) all postings made by You or using, or made under, Your passwords or Your accounts; (b) any use of any information, content or materials provided or displayed on, or contained in, the Application (including in any Forum); and (c) any communication or interaction with other users through the Application. By posting materials to or communicating with other users in the Application or engaging in any Interactive Communication, You represent and warrant to InterVarsity that: (a) You have all necessary rights to such materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles, tenets, and Mission Statement of InterVarsity. When participating in an Interactive Communication (including a Forum), You are wise to never assume that people are who they say they are, know what they say they know, or are affiliated with who they say they are. The term “Forum” means a chat area, message board, e-mail or other function that allows You to provide information or interact with others offered as part of the Application. Portions of the Application may allow users to post their own material. The materials posted by users do not necessarily reflect InterVarsity’s views and InterVarsity shall not be liable for any user information posted or displayed on, or uploaded onto the Application, including any Forum.
Removing or Blocking Postings or Interactive Communications
InterVarsity reserves the right to remove or block any and all postings and Interactive Communications, including any postings and/or Interactive Communications that InterVarsity considers to be (i) defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; (ii) abusive or hateful; (iii) obscene, lewd, or vulgar; or (iv) contrary to, or inconsistent with, the principles, tenets, and Mission Statement of InterVarsity. While InterVarsity reserves the right to remove any posting and/or Interactive Communication, InterVarsity shall have no obligation to do so. Any harassing notes, postings or Interactive Communications that might be construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity may be deleted and made available to the proper law-enforcement officials.
Ownership in Posted Material
By uploading or communicating any materials, ideas or submissions to the Application, including in any Interactive Communication or any Forum, or submitting any materials to InterVarsity in any other manner, You automatically grant (or warrant that the owner of such materials expressly granted) to InterVarsity a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, and to incorporate such materials into any form, medium, or technology now known or later developed. In addition, You waive and warrant that all so-called "moral rights" in those materials have been waived. You agree that InterVarsity owns any derivative works, improvements or other materials, works, ideas, intellectual property, and/or products created from, based on, or related to, InterVarsity’s access to, or use of, any materials You provide.
Activities with Third Parties On or From the Application
Linking to Third Party Sites from the Application
From time to time, there may be links on the Application that will allow You to connect with web sites of third-parties that are not under InterVarsity’s control. Further, there may be times while in the Application that You could be directed to sites that are beyond InterVarsity’s control. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive.
Links to other websites do not imply an endorsement by InterVarsity of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those websites, nor does the existence of a link to another website imply that the organization or person publishing at that site endorses any of the materials or ideas in the Application. InterVarsity reserves the right to disable links to third-party sites in the Application at any time without prior notice.
Security and Privacy
Any content or data, including personal information, You provide is done at your own risk. InterVarsity cannot guarantee that unauthorized third parties will not be able to access or use your content or data for improper purposes.
Without limiting the foregoing, You shall ensure that you have the correct permissions and rights, including by seeking the express and informed consent of an individual where required by applicable law, for the provision of any information to the Application and for the use of such information by InterVarsity and the other users of the Application.
In using the Application, You agree to provide true, accurate, current and complete information. You are responsible for the security of Your password or other access credentials. As part of Your use of the Application, You agree to maintain and promptly update any information You provide to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or InterVarsity has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, InterVarsity has the right to suspend or terminate Your participation in any current and future Activities as well as your access to the Application with respect to such Activities.
Restrictions on Use of Content, Materials and Marks and General Use Rules
Your use of the Application in connection with the Activities is subject to InterVarsity and Third-Party Intellectual Property Rights. Except as expressly authorized in these Terms, You agree that:
- You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to the Application or the content, information, or materials contained therein;
- You are responsible to comply with any laws to protect the privacy of those whose data you input into the Application, including, if you are an employee of InterVarsity, any and all InterVarsity policies;
- You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Application;
- You will comply with all applicable laws, rules and regulations as well as the terms of this Agreement in Your use of the Application and will not use or access the Application in a way that violates any such laws, rules, or regulations or the terms of this Agreement;
- You will not encourage or enable any other individual to do any of the activities prohibited in these Terms;
- You will not post, communicate, upload, email, transmit, distribute, or otherwise make available any content, information or materials which contain obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images;
- You will not post, communicate, upload, email, transmit, distribute, or otherwise make available any harassing, slanderous, libelous, or derogatory content, information or materials or any advertisements for products or services, “junk mail,” spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation;
- You will not harm, or attempt to harm, lure or deceive minors in any way;
- You will not create or use a false identity for the purpose of misleading others;
- You will not collect or store personal data about other users;
- You will comply with any requirement that InterVarsity posts on the Application in connection with the Activities; and
- You will respect the privacy of others and will not post or disclose phone numbers, addresses, social security numbers, or any other private information, relating to any other person.
InterVarsity may terminate this Agreement at any time or restrict or prevent You from participating in any Activity or accessing or using the Application in connection with any Activity at any time, for any reason or no reason at all, in InterVarsity’s sole and absolute discretion, without providing any notice to You.
You agree to indemnify, defend and hold harmless the InterVarsity Parties, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way arising from or related to (i) Your participation in any Activity, (ii) Your access to or use of the Application, (iii) any violation by You of any terms of this Agreement, (iv) any infringement by You of any intellectual property or any other rights of any person or entity, or (v) any activity relating to or conducted under Your passwords and/or Your accounts.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN ANY ACTIVITY AND YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ASSUME ANY AND ALL RISK ARISING FROM OR RELATED TO ANY SITUATION, EVENTS OR LOCATION IN WHICH YOU PLACE YOURSELF WHEN PARTICIPATING IN ANY ACTIVITY OR USING OR ACCESSING THE APPLICATION.
INTERVARSITY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, INFORMATION OR DATA PROVIDED, ACCESSED, CONTAINED, MAINTAINED OR PROCESSED IN OR THROUGH THE APPLICATION AND ALL SERVICES, PRODUCTS AND MATERIALS PROVIDED TO OR THROUGH THE APPLICATION. YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT THE APPLICATION WILL FUNCTION AS INTENDED OR MEET YOUR REQUIREMENTS, OR THAT ALL THE FUNCTIONALITY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. INTERVARSITY DISCLAIMS ANY LIABILITY FOR DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES OR LACK OF SERVICE. INTERVARSITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR VALIDITY OF ANY SERVICES, INFORMATION OR DATA, INCLUDING THE CORRECTNESS OR APPLICABILITY OF ANY FUNCTION, DATA OR CALCULATION, CONTAINED IN OR PROVIDED BY THE APPLICATION. INTERVARSITY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL ALWAYS OR EVER BE OPERATIONALLY OR FUNCTIONALLY AVAILABLE AND YOU ACKNOWLEDGE SUCH. INTERVARSITY DOES NOT WARRANT (i) THAT THE FUNCTIONS CONTAINED IN THE APPLICATION AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; OR (iii) THAT THE APPLICATION WILL BE FREE FROM INTERRUPTIONS, ERRORS OR BUGS, OR HARMFUL OR DANGEROUS CODE. INTERVARSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND DISCLAIMS ALL SUCH WARRANTIES, INCLUDING EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATING TO THE APPLICATION. INTERVARSITY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON THE APPLICATION OR IN ANY FORUM.
InterVarsity takes no responsibility and assumes no liability for any data that You or any other user or third-party provides, enters, posts, stores or transmits using the Application.
All content included or made available by InterVarsity through the Application, and all trademarks, copyrights, database rights and other intellectual property rights related to it, belong to InterVarsity.
You agree that in the event of a breach of any provision of this Agreement, InterVarsity shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling InterVarsity to each and every remedy available at law or in equity for a breach of this Agreement by You.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL INTERVARSITY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, THAT RESULT FROM YOUR PARTICIPATION IN ANY ACTIVITY OR YOUR USE OF, OR INABILITY TO USE, ANY OF THE APPLICATION, ANY INFORMATION, ANY CONTENT, ANY MATERIALS, AND/OR ANY SERVICES, OR ANY PART THEREOF, EVEN IF INTERVARSITY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERVARSITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO INTERVARSITY, IF ANY, FOR PARTICIPATING IN THE ACTIVITIES OR ACCESSING OR USING THE APPLICATION OR ANY PART THEREOF. IF YOU ARE DISSATISTIED WITH ANY ASPECT OF THE ACTIVITIES OR THE APPLICATION, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST INTERVARSITY WITH RESPECT TO THESE TERMS, THE ACTIVITES OR THE APPLICATION, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE PARTICIPATING IN THE ACTIVITIES AND DISCONTINUE ACCESSING AND/OR USING THE APPLICATION.
If you are an employee of InterVarsity, you are subject to InterVarsity’s conflict resolution policy provided for in the Staff Handbook. If you are not an employee of InterVarsity, for any dispute you have with InterVarsity regarding the Activities or the Application, you agree to first contact InterVarsity and attempt to resolve the dispute with InterVarsity informally. If InterVarsity has not been able to resolve the dispute with You informally, InterVarsity agrees to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, the Activities, or the Application by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless You and InterVarsity agree otherwise, the arbitration will be conducted in the state or federal courts in Dane County, Wisconsin, United States of America. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Application. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS INTERVARSITY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INTERVARSITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Wisconsin, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court in Dane County, Wisconsin for any actions not subject to the above Section entitled “Dispute Resolution”. The exclusive venue for any such actions is Dane County, Wisconsin.
Notification Procedures and changes to these Terms
InterVarsity reserves the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if InterVarsity so chooses. InterVarsity may revise these Terms from time to time and the most current version will always be posted. By continuing to participate in the Activities and access or use the Application after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, please stop participating in the Activities and using the Application.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by InterVarsity without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
If any provision of these Terms is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and InterVarsity’s failure to assert any right or provision under these Terms will not constitute a waiver of such right.