TG$ Terms Of Service

1. Terms

1.1. Introduction. Welcome to Treasure Game$, LLC (“TG$”). We provide adventure and entertainment through real-world, live-action, and technologically driven treasure hunts. Thank you for adventuring with us to make our world a better place.  

1.2. Applicable Terms. Please read these Terms of Service, the Privacy Policy, Intellectual Property Policy, Participation Agreement, Community Guidelines, and any applicable Game Rules (collectively, the “Agreement”) because the Agreement governs your access to, relationship, use, and interactions with TG$.

1.3. TG$ Services. TG$ and its affiliates provide a range of products and services which are subject to the Agreement. The Agreement governs your use of the TG$ App, TG$ websites which we own or operate (“Sites), TG$ controlled social media pages, your participation at TG$ events or promotions, your purchase or use of any TG$ products, and more generally, your use of any TG$ products or services (collectively, termed as a whole, the “Services”).

1.4. Acceptance. This Agreement serves as a legally binding contract between you and TG$. Your use of the TG$ services or products in any way signifies that you accept and agree to this Agreement. Please read the Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept the Agreement, or any part thereof, then you must not use TG$ services or products.

1.5. Changes. TG$ will, in its sole discretion, amend this Agreement from time to time. We will use commercially reasonable efforts to generally notify all users of any material changes to this Agreement. TG$ may notify you by posting any changes or updates on its App or Sites. We will also update the “Last Updated” date. After any changes, your continued use of our Services constitutes acceptance of the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using TG$ Services.

1.6. Arbitration Notice in Section 16. FOR USERS IN THE UNITED STATES, THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. Note: depending on where you reside, you may have rights under applicable local laws that cannot be limited or waived, and this Agreement does not limit any such rights.

2. Who May Use the Services

2.1. Age Requirement. You must be at least 13 years old to use the Services.

2.2. Permission by Parent or Guardian. If you are under 18, you may only use the Services with the consent of your parent or legal guardian. You represent that you have your parent or legal guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, you are subject to the terms of this Agreement and responsible for the user’s activity on the Services. If you are under 18, you must have the permission of your parent or legal guardian to purchase any and all products or services offered by TG$.

2.3. Costs to Use TG$ Services. You agree that TG$ is not responsible for any of your expenditures, including internet and telecommunication connectivity, travel cost, accommodations, and incidentals, which may or may not be necessary in order to play TG$ games and otherwise access or use the Services. You are solely responsible for obtaining and paying for any and all internet and telecommunication connectivity to the Services. You are responsible for any charges that may apply to your use of our Services, including but not limited to any data charges.

2.4. Residency. You must reside in an eligible country or region where TG$ offers its Services.

2.5. Prohibited Users. TG$ prohibits certain individuals from using its Services, including employees of TG$, TG$ affiliates, subsidiaries, representatives, agencies, vendors, former employees who participated in the development and/or implementation of the Services, and/or immediate family members or persons living in the same household of such ineligible individuals.

3. Your Account

3.1. Registration. To use our Services, you must create an account with us. All information provided during account creation must be accurate and current. You agree to promptly notify us if any of your information changes or is inaccurate. You may not use someone else’s information or any information that violates someone else’s rights, is against the law, or is offensive or otherwise objectionable. 

3.2. Account Security. You agree to keep your account password confidential and to not disclose your account password to anyone. You must notify us immediately if you know or suspect that any third party knows your password or has accessed your account.  

3.3. Account Responsibility. You understand and agree that you are solely responsible, to TG$ and others, for the activity under your account, whether or not you know about such activity.

3.4. Account Termination. TG$ has the right to deny the creation of, suspend for a period of time, or permanently terminate an account for any reason in its sole discretion and without notice. If TG$ suspends or terminates your account, you may not re-register or otherwise continue to use the Services. You may terminate your account at any time by requesting your account be closed and deleted through our contact page. Cancellation is effective at the end of your current subscription period. For the annual plan, cancellation is effective at the end of the 12-month period. For the monthly plan, cancellation is effective at the end of 30 day cycle you are currently in when you cancelled your account. Once your account is terminated, you will not be able to reactive your account or retrieve any of the content or information you have added to the Services. Upon account termination, the terms of this Agreement will survive and you will remain bound to them. Please write to us through the TG$ contact page for additional instructions on canceling your account.

3.5. User Devices. You may register up to two (2) electronic devices for your account. You can manage your registered electronic devices, including changing, adding, or removing devices, in your account settings at any given time.

3.6 Free Trial vs Full Access. Paying subscribers in good standing will get full access to the TG$ platform, and will be able to engage with the games, win prizes, and enjoy the entertainment content features. Account holders who access the platform through a free trial process will have limited access to the games and entertainment, and will not be eligible to win any prizes.

3.7 Promotional Offers – There are no refunds for those that access the platform through a promo code/referral or other promotional type process. Other limitations may apply.

3.8 Refunds. TG$ can only manage appropriate refunds for purchases made through our website using our stripe account. Any refund requests for purchases made through the app stores or other 3rd parties must be handled through those entities.

4. Permissions

4.1. Access. The Services are offered only for your personal, non-commercial use, and not for the use, sale, or benefit of any third-party. You may access and use the Services as long as you comply with this Agreement and applicable laws, including the Game Rules.

4.2. Limited License to Use. Subject to your compliance with this Agreement, and subject to our permission, TG$ grants to you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to use the Services for your personal, non-commercial use only. TG$ reserves all rights in and to the Services not expressly granted in this Agreement. You may:

4.3. TG$’ Ownership of Commercial Rights. All commercial rights relating to the Services, including TG$ live-action games, are reserved for TG$. Users of the Services, including players of the live-action games, shall not associate themselves with the Services in any commercial manner, or allow any third party to do so, without the prior explicit and sole consent of TG$. If you wish to engage in any commercial activities related to the Services, you must contact TG$ and obtain its explicit consent.

5. Conduct and General Prohibitions

5.1. Code of Conduct. TG$ Services are for every eligible human, regardless of any physical, mental, spiritual, socio-economic, or other grouping. You agree to be kind and respect the rights of others. You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. You agree that your use of the Services is at your own risk and at your own expense. You agree that you will not use the Services to violate any applicable law, regulation, any TG$ policy or rule, or instructions as outlined in this Agreement; and furthermore, you will not encourage or enable any other individual to do so.

5.2. General Prohibitions. You agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

Any attempt by any user to deliberately undermine the legitimate operation of the Services may be in violation of criminal and civil law, and TG$ reserves the right to seek damages and other remedies, including attorneys’ fees, from the user to the fullest extent permitted by law.

6. Intellectual Property Rights

6.1. TG$ Ownership. Any and all intellectual property rights of the Services, including but not limited to TG$ trademarks, copyrights, patents, websites, designs, graphics, software, user interfaces, and products, are the property of TG$. TG$ intellectual property is protected from copying, imitation, communication, or simulation under applicable laws. Any and all modification and enhancement, lawful or unlawful, to TG$ intellectual property is the sole property of TG$. You understand that by using the Services, you do not acquire, by implication or otherwise, any license or right to use any of the intellectual property owned by TG$ in any manner, except as expressly permitted in this Agreement. 

6.2. Intellectual Property Rights of Others. TG$ respects the intellectual property rights of others and expects you to do the same. By accepting this Agreement, you also agree to the terms of our Intellectual Property Policy. 

6.3. Rights Holders. Please see our Intellectual Property Policy for notifying TG$ of any allegedly infringing activity. 

7. Content

7.1. Definitions. “TG$ Content” means the text, software, scripts, graphics, images, photos, sounds, music, videos, interactive features, and any other data or information or materials that are generated, created, provided by, or otherwise made available by TG$, or which are either owned or licensed by TG$. “User Content” means any content a user of the Services provides, including but not limited to uploading, posting, or transmitting any and all text, photographs, videos, sound recordings, musical works, and any other data or information or materials.

7.2. Content Disclaimer. TG$ makes no representations, warranties, or guarantees, whether express or implied, that any TG$ Content, or User Content, is accurate, complete, or up to date. Any content, information, or links to third parties associated with the Services should not be interpreted as being approved by TG$. You acknowledge that TG$ has no obligation to pre-screen, monitor, review, or edit any content on the Services, including User Content.

7.3. TG$ Content Reservation. Using the Services does not grant you ownership of, or rights to, any aspect of the Service, TG$ Content, or User Content. Use of “TG$ Content” for any purpose not expressly permitted by this Agreement is strictly prohibited.  

7.4. Ownership of User Content. TG$ does not claim ownership rights in User Content and nothing in this Agreement restricts any rights that you may have to use and exploit your User Content. You are legally responsible for the content you submit to the Service. User Content is the responsibility of the person who provides it to the Service.

7.5. License to TG$. By making any and all User Content available through the Services, you grant to TG$ a worldwide, non-exclusive, transferable, sub-licensable, 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 to TG$’ successors and affiliates, including for purpose of administering, promoting, and redistributing part or all of the Services. You grant to us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual license to use your “user name”, channel name, image, voice, and likeness; provided, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

7.6. User Representations and Warranties. You are solely responsible for all your User Content. You acknowledge and agree that you indemnify TG$ and further that you are responsible for any loss or damage we suffer as a result of your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant to TG$ the license rights in your User Content. You also represent and warrant that your User Content does not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7.7. Waiver of Rights. You acknowledge and agree to waive any rights to prior inspection or approval of any use of your User Content on the Services. You also waive any and all rights of privacy, publicity, or any other equivalent rights in connection with your User Content, or any portion thereof. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights, or equivalent rights under applicable laws, such as your right to be identified as the author of any of the User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree to never assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content.  

7.8. License to Other Users. You grant to each other user of the Services a worldwide, non-exclusive, royalty-free license to access your User Content, including to reproduce, distribute, prepare derivative works, display, and perform it, and extract all or any portion of your User Content to reproduce additional User Content. Note, this license does not grant any rights or permissions for another user to make use of your content independent of the Services.

7.9. Right to Monetize. You grant to TG$ the right to monetize your User Content. You acknowledge and agree that TG$ may generate revenues and increase our value in any way from the use of User Content. For example, we may profit from the sale of advertising, sponsorships, promotions, data usage, and gifts. This agreement does not entitle you to any payments. You acknowledge and agree that you have no right to share in any increase in value of TG$. Further, you acknowledge and agree that you have no right to receive any income or other consideration in connection with any TG$ Content or User Content, including any User Content created by you, and you are prohibited from exercising any rights to monetize or obtain other consideration from any User Content, be it from TG$ or any third-party service, unless explicitly authorized by TG$ in its sole discretion.

7.10. TG$ Gameplay Content. Any information that is provided to users related to finding the treasures, including but not limited to game clues, hints, answers to clues, advantage clues, and any other gameplay specific information related to finding the treasure items, cannot be shared outside the TG$ platform. Violations of sharing subscriber only information outside the TG$ platform may result in suspension or termination.

8. Changing and Removing User Content

Removal of User Content by TG$. TG$ is not obligated to post your User Content. We, including our affiliates, reserve the right to edit, cut, crop, or change in any way or refuse to publish, partially or completely, your User Content. TG$ may remove your User Content without notice and for any reason in its sole discretion. TG$ does not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstance will TG$ be liable in any way for any User Content. 

9. Privacy

Our Privacy Policy explains how your personal data is treated by TG$. By accepting the Agreement, you also accept the terms of our Privacy Policy. Please read our Privacy Policy to better understand how we collect your information and how you may manage your information. 

10. Modification and Loss of Services

TG$ reserves the right and, in its sole discretion, may cancel, suspend, and/or change all or any part of the Services, at any time, without notice, and with or without cause. Therein, it is possible that TG$ may change:

TG$ may also change the eligibility criteria to access and use the Services, including user eligibility and winner eligibility, at any time, without notice, and with or without cause. TG$ is not liable to you or any other party if, for any reason, any or all of the Services are changed, temporarily unavailable, and/or cancelled by TG$ at any time, without notice, and with or without cause. For example, TG$ shall not be liable to you or any other party with respect to any damages, injuries, non-performance, or delay in performance, which may have been caused by a foreseeable or unforeseeable event, including a force majeure or act of God, such as bad weather, fire, flood, acts of terror, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond the control of TG$. You acknowledge and agree that TG$ is not required, and may not reimburse or refund you for any disruption, postponement, change, or cancellation, for any cause, of any and all of the Services.

11. Feedback

11.1. Introduction. TG$ prides itself on offering incredible adventures. We welcome any input that will help improve the user experience. However, TG$ has no obligation to review or implement your ideas.  

11.2. Definition. “Feedback” means any and all information provided to TG$, its employees, affiliates, or third parties associated with the Services, including but not limited to any ideas, documentation, content offerings, promotions, artwork, software, information, or any other intellectual property.

11.3. License to TG$. By submitting Feedback to TG$ in any form, you grant to TG$ a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual license to use, reproduce, distribute, sell, offer for sale, import, patent, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and/or otherwise exploit the Feedback, and the modifications and derivatives thereof, for any purpose without notice, restriction, or attribution of any kind. You acknowledge and agree that you are not entitled to any compensation for your Feedback, which may be solicited or unsolicited.

12. Links

12.1. Third-Party Links. TG$ Services may include links to third parties, offering services or products, that are not owned or controlled by TG$. TG$ assumes no responsibility for such third parties. You are solely responsible for, and assume all risk arising from, your use of the Services or any third party websites or resources.

12.2. TG$ Links. You may not place a link to TG$ Sites on another website without TG$’ express written consent. Upon approval, you must adhere to the following so that the link: (i) does not damage or dilute the goodwill associated with TG$ or its affiliates, (ii) does not allow non-users to access game information that is meant only for our users, (iii) create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TG$, and (iv) when selected by a user, the Sites are displayed on full-screen and not within a frame on the linking site. TG$ reserves the right to revoke its consent to the link at any time and in its sole discretion without prior notice.

13. Indemnity

You agree to defend, indemnify, and hold harmless TG$, its parents, subsidiaries, affiliates, offices, 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 attorneys’ fees and expenses, arising out of your access and use of the Services, a breach of any term of this Agreement by you or any user of your account, or a violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that your User Content caused damage to a third party.

14. Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES, CONTENT THEREOF, AND PRODUCTS ARE PROVIDED “AS IS”, WITHOUT ANY SPECIFIC COMMITMENTS OR WARRANTIES OF ANY KIND. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT THE CONTENT, THE SPECIFIC FEATURES OF THE SERVICES, OR THE ACCURACY, RELIABILITY, AVAILABILITY THEREOF, OR ITS ABILITY TO MEET YOUR NEEDS, OR DEFECTS OF ANY SOFTWARE, OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICES. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR ANY REASON AT ANY TIME WITHOUT NOTICE.