Agreement to Terms
Changes to Terms or Services
We make modify these Terms at any time. If we do so, we will let you know by posting the modified terms on the site, Twitter, or through other Communications. It is important that you review the terms whenever we modify them, because if you continue to use the Services after we have posted modified terms on the site or otherwise communicated them to you, you are indicating to us that you agree to be bound by these modified terms. If you do not agree to be bound by the modified terms, then you may not use the Services anymore.
ARBITRATION NOTICE: Except if you opt out and except for certain types of disputes described in the “Agreement to Are” section below, you agree that disputes between you and TPC will be resolved in binding, individual arbitration, and you are waiving your right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative preceding.
Eligibility and Account Registration
If you want to use certain features of the service, you will have to create an account with us (an “Account”). You can create an account by going to https://www.hiddencashhunts.com for Pay It Forward game hunts. To play the free Hunt games you must have an account at twitter.com.
It is important that you provide us with accurate, complete, and up-to-date information for your account, and you agreed to update such information as needed, to keep it accurate, complete, and up-to-date. If you do not, we might have to suspend or terminate your account. You agree that you will not disclose your account password information to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them.
Registration by Children
We comply with a Children’s Online Privacy Protection Act (COPPA) through the verification and consent process handled my TPC. If you are over the age of 13 and register to create an account at hiddencashhunts.com, TPC will enable you to access and use the Services.
During game play, olease be aware of your surroundings and play safely. You agree that your use of Twitter, use of the site in play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agreed not to use Twitter or the site to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Free Hunt game rules or Pay It Forward Hunt game rules, and you agreed not to encourage or enable any other individual to violate any applicable law, rule, or regulation of the Free Hunt game rules or Pay It Forward Hunt game rules. Without limiting the foregoing, you agree that in conjunction with your use of Twitter and/or the Site you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise,) will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, TPC Commedia LLC (“TPC”) and it’s divisions, TPC eMedia (“TPCe”) disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more of the users of Twitter and/or the Site, you release TPC and TPCe (and our officers, directors, agents, subsidiaries, joint ventures, Partners, contractors and employees) from all claims, demands, and damage (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.)
Content and Content Right
For the purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audio visual combinations, interactive features, works of authorship of anykind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User content” means any Content that account holders (including you) provide to be made available through the services. Content includes without limitation User Content. Subject to your compliance with these terms, TPC grants you a personal, non-commercial, non-exclusive, non-transferable, non sub-licensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
TPC does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your user content. Subject to the foregoing, TPC and its licensors (including TPCe) exclusively own all right, title, and interest in and to the Services and Content, including all the associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agreed not to remove, alter, or obscure any copyright, trademark, servicemark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Greened by You
By making any user content available through Services, you grant TPC a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly displayed, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and two other account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to Grant use the license rights in your user content under these terms. You also represent and warrant that neither your user content, nor your use and Provisions of your user content to be made available through the services, nor any use of your user content by TPC on or through the services will infringe, misappropriate, or violate a third party’s intellectual property rights, or right of publicity or privacy, or result in the violation of any applicable law or regulation. TPC may reject any submission in which TPC believes, in its sole discretion, that the user content is inappropriate or violates the game rules or these terms. TPC further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Conduct, General Prohibitions, and TPC Commedia’s Enforcement Rights
you agree that you are responsible for your own conduct and user content while using the Services, and for any consequences there. Please refer to the Game Rules for information about the kinds of conduct and user content that are prohibited while using the services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
- Defame, abused, harass, harm, stalk, threatened, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
- Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message;
- Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
- trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
- violate, or encourage any contact that would violate, any applicable law or regulation or would give rise to civil liability;
- upload, post, or otherwise make available commercial messages or advertisement, pyramid schemes, or other disruptive notices;
- impersonate or misrepresent your affiliation with another person or entity;
- promote or provide instructional information about illegal or harmful activities or substances; promote or engage in physical harm, violence, or injury against any group or individual;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; s
- submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
- post, upload, publish, submit, or transmit any content that infringes, misappropriate, or violates a third parties patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or right of publicity or privacy;
- use, display, mirror, or frame the Services or any individual element within the Services, TPC’s name, any TPC trademark, logo, or other proprietary information or the layout and design of any page or form contained on a page, without TPC’s express written consent;
- access, tamper with, or use non-public areas of the Services, TPC’s computer systems, or the technical delivery systems of TPC’s providers;
- attempt to probe, scan, or test the vulnerability of any TPC system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TPC or any of TPC’s providers or any third-party including another user to protect the services or content;
- Attempt to access or search the services or content, or download content from the services through the use of any technology or means other than those provided by TPC or other generally available third-party web browsers including, without limitation, automation software, bots, spiders, crawlers, and data mining tools, or hacks, tools, agents, engines, or devices of any kind;
- extract, scrape, index, copy, or mirror the services or content or portions thereof (including but not limited to the hidden cash hunts database and other information about users or gameplay);
- use any meta tags or other hidden text or metadata utilizing a TPC trademark, logo, URL, or product name without TPC’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use services or content to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the services or content;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mobile bombing the services;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on the services or TPC’s infrastructure;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the services or the content; use the services or content, or any portion thereof, for any commercial purposes or for the benefit of any third party or in a manner not permitted by these terms, including but not limited to a gathering in clues from the hidden cash hunts website or hidden cash Twitter profile feeds or resources for sale outside of the website or Twitter feed, (b) performing services on the site or hidden cash hunts’ Twitter feeds in exchange for payment outside the site or hidden cash hunts’ Twitter feeds or (c) sell, resell, rent, or at lease your account;
- collect or store any personal identifiable information from the services, from other users or the services without their express permission;
- violate any applicable law or regulation;
- or encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use the services or content or to review or edit any content, we have the right to do so for the purposes of operating the services, to ensure compliance with these terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these terms. We have the right to investigate violations of these terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, and suggestions for improvements to the services (“Feedback”). You can submit feedback by reaching out to us on Facebook, Twitter, or our site. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.
TPC repspects copyright law and expects its users to do the same. it is TPC policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Linked to Third Party Websites or Resources
the services and Twitter feeds may contain links to third party websites or resources. We provide these links as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or liink displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website or resources.
We may terminate your access to, and use of the services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by accessing the hidden cash hunts website or unfollowing our feeds at twitter.com. Upon termination, discontinuation, or cancellation of services of your account, the following provisions of these terms will survive: arbitration notice; content ownership; rights granted to use; feedback; disclaimer of warranties: Indemnity; limitation of liability; dispute resolution; general terms; and this sentence of termination.
Disclaimer of warranties
Your use of twitter.com and services are at your own risk. To the extent permitted by applicable law, the services and content are provided “as is,” without warranty of any kind, without limiting the foregoing, TPC and TPCe explicitly disclaim any warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties are rising out of course dealing or usage of trade. TPC and TPCe make no warranty that the services will meet your requirement or be available in an uninterrupted, secure, or error-free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content.
You assume all risk relating to your online and offline communications and interactions with others users of the services and with other persons with whom you communicated or interact as a result of your use of the services. You understand that TPC and TPCe do not screen or inquire into the background of any users or the services. You agree to take responsibility reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline and in person.
You will indemnify and hold harmless TPC, TPCe and Twitter, Inc. and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the services, (b) your user content, or (c) your violation of these terms.
Limitation of Liability
To the extent permitted by applicable law, neither TPC nor TPCe or any other party involved in creating, producing, or delivering the services or content will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data, or Goodwill, service Interruption, computer damage, or system failure or the cost of substitute Services, arising out of or in connection with these terms, or from the use of or inability to use the services or content, or from any communications, interactions, or meetings with other users or the services or persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence,) product liability, or any other legal theory, and whether or not TPC, TPCe or Twitter, Inc. have been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the total liability of TPC, TPCe or Twitter, Inc. arising out of or in connection with these terms or from the use of or inability to use the services or content exceed one thousand dollars ($1,000) the exclusions and limitations of damages set forth above our fundamental elements of the basis of the bargain between TPC and you.
These terms and any action related thereto will be governed by the laws of the state of Nevada without regard to its conflict of law provisions.
Agreement to Arbitrate
You and TPC agree that any dispute, clean, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or use of Services or Content (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, Trade Secrets, patents, or other intellectual property rights (the action described in this clause (b,) an “IP Protection Action”). without limiting the preceding sentence, you will also have the right to litigate any other dispute if you provide TPC with written notice of your desire to do so by email or regular mail at email@example.com or TPC eMedia, a division of TPC Commedia LLC, 848 N Rainbow Blvd, #2240, Las Vegas, NV 89107 within thirty (30) days following the date you first accept these terms (such notice, an “Arbitration opt-out notice”). If you do not provide TPC with an arbitration opt-out notice within the 30 day period, you will be deemed to have knowingly and intentionally waive your right to litigate any dispute except as expressly set forth and clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action of, if you timely provide TPC with an arbitration opt-out notice, will be the state and federal courts located in Nevada, and each partyies hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide TPC with an arbitration opt-out notice, you acknowledge and agree that you & TPC are each waiving the right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative pre proceeding. Further, unless both of you and TPC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative preceding. If this paragraph is held unenforceable, then the entirety of the “Dispute Resolution” section will be deemed void. Except as provided in the preceeding sentence, this “Dispute Resolution” section will survive any termination of these terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) in effect, except as modified by this “Dispute Resolution” section. The federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA rules. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within 7 Days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules.
Arbitration Location and Procedure
Unless you and TPC otherwise agree, the arbitration will be conducted in the country where you reside. If your claim does not exceed $10,000, then the arbitration will be concluded soley on the basis of the documents that you and TPC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA rules. Subject to the AAA Rules, the Arbiter will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
The Arbitrator will render an award within the timeframe specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the Arbitrator base the award. Judgment on the arbitration award may be entered in any Court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the limitation of liability section above as to the type and amount of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses to the extent provided under applicable law. TPC will not seek, and here by waives, all the rights it may have applicable law to recover attorney’s fees and expenses if it prevails in arbitration.
Our responsibility to pay any AAA filing, administrative, and arbitrator fees will solely be as set forth in the AAA rules. However, if your claim for damages does not exceed $75,000, TPC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relied soughts in your demand for arbitration was frivolous or was brought for an improper purposes (as measured by the standards set forth in the Federal Rules of Civil Procedure 11 (b)).
If you have any questions about these terms or the services, please contact TPC at firstname.lastname@example.org or TPC eMedia, a division of TPC Commedia LLC, 848 North Rainbow Boulevard. #2240, Las Vegas, Nevada, 89107