KeyMasters Terms and Conditions of Use
Agreements between Questers (“Users”) and KeyMasters
Welcome to KeyMasters, operated by KeyMasters, Inc., which includes the KeyMasters mobile application and website (the “Software”), as well as related Treasure Quests and services, (collectively the "KeyMasters Services"). Your use of the KeyMasters Services is contingent on your acceptance, without modification, of the terms, conditions, obligations, and notices contained herein (collectively the "Terms"). Your use of the KeyMasters Services constitutes your acceptance of and agreement to these Terms. Please read these Terms carefully and completely and keep a copy of them for your reference.
Regarding the Software, you accept and agree to be bound by these Terms by selecting the “Accept” option and downloading the Software or by installing, running, using, or copying the Software onto your mobile device, computer, tablet, or other applicable device (each a “Device”). You must agree to these Terms before you will be allowed to download or use the Software. If you do not agree to all of these Terms, you must select “Decline” and you may not install, use, run, or copy the Software or use the KeyMasters Services.
By accepting these Terms, you confirm that you are at least 13 years of age. Neither KeyMasters nor any parts of the KeyMasters Services are intended for anyone under 13 years of age.
Each Treasure Quest is governed by its own set of rules (“Quest Rules”) and your participation is contingent upon your agreement to the same. KeyMasters may disqualify any Quester, in its sole discretion, who is found to have violated these Terms, the Privacy Policy, or any Quest Rules.
Use of Services
KeyMasters offers contests of skill and allows its Questers to compete for prizes. The KeyMasters Services may change from time to time at the sole discretion of KeyMasters, which may include changes to Quest Rules, modification to quests, implementation of new quests or Quest Rules, and withdrawal of previously offered quests or prizes.
For any given quest, Questers who are physically present in a quest location and Questers who are virtually accessing the location will be treated separately as outlined in the applicable Quest Rules.
Provided you comply with these terms and pay for any goods or services you have purchased, we will grant you a right to use the KeyMasters Services. This right is limited. You may not give this right to anyone else. This right is exclusive to you, alone. We may revoke that right at any time, for any reason, if any. You agree not to use the KeyMasters Services in any way contrary to these terms, or to the state or federal laws of the United States. KeyMasters reserves the right to restrict access to the KeyMasters Services, and/or terminate existing access. Any Quester found to have provided fraudulent information on their user account will be disqualified from play, denied any winnings, and, if warranted, reported to the authorities.
BY USING THE KeyMasters SERVICES YOU AGREE THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN THE JURISDICTION WHERE YOU RESIDE AND AT LEAST 18 YEARS OF AGE; THAT YOU UNDERSTAND THESE TERMS AND ANY APPLICABLE QUEST RULES; THAT YOU DO NOT BELIEVE THE CONTENT OFFERED BY KeyMasters IS IN ANY WAY OFFENSIVE, OBJECTIONABLE, UNFAIR, OR INDECENT; AND, ARE NOT IN ANY WAY PROHIBITED FROM ENTERING A QUEST OFFERED BY KeyMasters.
EACH QUEST CHALLENGES THE QUESTERS’ SKILL AND CONTAINS INHERENT RISK. ALL QUESTERS PLAY AT THEIR OWN RISK AND UNDERSTAND THE DANGERS ASSOCIATED WITH PARTICIPATING.
You agree to hold KeyMasters, its employees, members, independent contractors, officers, directors, licensees, affiliates, partners, subsidiaries, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities and all damages whatsoever, including reasonable attorney’s fees, that may arise as a result of your use of the KeyMasters Services; or, any personal or economic injury suffered as a result of participation in any quest offered by KeyMasters.
Eligibility
To be eligible to enter any quest offered by KeyMasters you must (1) be a lawful resident of the United States over the age of 18 and physically present in a U.S. state in which participation in such a contest is not prohibited by that state’s laws at the time of your participation; or (2) be a lawful resident of a foreign jurisdiction that does not prohibit your participation in these services in any way and be legally permitted to receive any prizes you win. You must also register an account, and abide by all applicable Quest Rules, these Terms, and our Privacy Policy. Some participation may also require download of the KeyMasters mobile application and travel to a specific physical location. Questers are solely responsible for their own travel accommodations, as well as any associated costs or risks.
In order to collect a prize, Questers may be required to establish proof of eligibility, including proof of residence, and may be required to submit a W9 or other tax documents required for federal or state reporting requirements triggered by the value of the prize won. All winners must further consent to the use of their name and image for purposes of KeyMasters’ ongoing marketing and promotional activities.
1. Privacy
Your use of the KeyMasters Services is conditioned upon your agreement to KeyMasters’ Privacy Policy (“Privacy Policy”). Please review the complete Privacy Policy, which is incorporated herein by reference.
2. Electronic Communications
Each and every time you either use the KeyMasters Services or send an email, SMS, MMS, text message, or other electronic communication to KeyMasters will constitute an electronic communication (“Electronic Communications”). By using the KeyMasters Services, you consent to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that KeyMasters provides to you via Electronic Communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
3. Account
To use the KeyMasters Services, you must set up a unique User account (“Account”), which includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your Device that you use to access the KeyMasters Services and/or where such Password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that KeyMasters is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. KeyMasters reserves the right to refuse or cancel service, terminate Accounts, or disqualify Questers, in our sole discretion. KeyMasters also reserves all available legal rights and remedies to prevent the unauthorized use of the KeyMasters Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
4. KeyMasters Services Description
KeyMasters offers skill-based quests that do not rely on chance for the determination of a winner. When participating in any quest offered by KeyMasters, your performance is being measured against the performance of other Questers with a winner determined by a series of rules and/or metrics determined in advance that can be objectively measured and judged. You should familiarize yourself with these Terms, as well as the individual Quest Rules for any quest you intend to enter, before using the KeyMasters Service. Your odds of winning are directly proportional to your skill relative to the other questers.
Subscription fees apply to your use of the KeyMasters Services and an active subscription is required to participate in any quest.
5. Compliance with Local Laws
KeyMasters may monitor the location used to access your account and reserves the right to use techniques designed to block access from a certain location at KeyMasters sole discretion. Notwithstanding, the decision to so monitor or block does not create an obligation by KeyMasters to continue to do so. Similarly, if your use was not blocked that is not an endorsement by KeyMasters that the use of the KeyMasters Services is legal in your jurisdiction or otherwise.
You must comply with the laws that apply to you in the location you access the KeyMasters Services, including, but not limited to, federal, state, and municipal laws governing your participation in sweepstakes, contests, and tournaments with entry fees and/or prizes.
YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE KeyMasters SERVICES IS REGULATED BY VARIOUS LAWS IMPOSED BY EACH CITY, COUNTY, AND STATE WITHIN THE UNITED STATES, WHICH ARE SUBJECT TO CHANGE FROM TIME TO TIME. YOU ARE NOT PERMITTED TO PARTICIPATE IN, AND WE DO NOT OFFER, CONTESTS IF YOU ARE LOCATED IN ANY JURISDICTION THAT PROHIBITS THE USE AND OFFERING OF OUR SERVICES. IT IS YOUR RESPONSIBILITY TO MONITOR THE APPLICABLE LAWS FOR YOUR USE OF OUR SERVICES AND TO CONFIRM YOUR COMPLIANCE.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU AGREE NOT TO HOLD US RESPONSIBLE IF ANY APPLICABLE LAW RESTRICTS OR PROHIBITS YOUR PARTICIPATION IN, AND USE OF, OUR SERVICES. KeyMasters MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF OUR SERVICES.
6. Publicity Release; Use of Personal Information and Image
By entering a quest you agree and acknowledge that KeyMasters and any of its designees, clients, sponsors, or licensees may, without any limitation or further compensation, use your Account information (in whole or in part), including, but not limited to, your username and recordings of your gameplay, as well as any other biographical information you submit upon accepting your award in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting KeyMasters or for any other promotional purpose, except where prohibited by law.
7. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Software and the KeyMasters Services, strictly in accordance with these Terms. As a condition of your use of the KeyMasters Services, you represent and warrant to KeyMasters that you will not use the Software or the KeyMasters Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
a. Use the KeyMasters Services in any manner which could damage, disable, overburden, or impair the KeyMasters Services or interfere with any other party's use and enjoyment of the KeyMasters Services;
b. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KeyMasters Services;
c. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the KeyMasters Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the KeyMasters Services, or perform any other similar fraudulent activity;
d. Harvest or collect the email addresses or other contact information of other users from the KeyMasters Services;
e. Defame, harass, abuse, threaten or defraud users of the KeyMasters Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
f. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software or the KeyMasters Services;
g. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the KeyMasters Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
h. Modify, adapt, translate or create derivative works based upon the KeyMasters Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
i. Access any website, server, software application, or other computer resource owned, used and/or licensed by KeyMasters, including but not limited to the KeyMasters Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures KeyMasters may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed KeyMasters, including but not limited to the KeyMasters Services;
j. Interfere with or disrupt the KeyMasters Services or servers or networks connected to the KeyMasters Services, or disobey any requirements, procedures, policies or regulations of networks connected to the KeyMasters Services;
k. Attempt to indicate in any manner that you have a relationship with KeyMasters or that KeyMasters has endorsed you or any products or services for any purpose; and
l. Use the KeyMasters Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
If you upload any materials or content that violates this Section or otherwise violate these Terms in any way, KeyMasters reserves the right to, in KeyMasters’ sole discretion, permanently remove any materials, content, and/or terminate your access to the KeyMasters Services
8. Disclaimer, Limitation of Liability
All information provided by KeyMasters through the KeyMasters Services is for informational purposes only and KeyMasters does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or Content. The KeyMasters Services are provided “as-is” and KeyMasters does not guarantee that they are safe, secure, or functional at all times.
TO THE EXTENT PERMITTED BY LAW, KeyMasters DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
QUESTERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF KeyMasters. YOU HEREBY ACKNOWLEDGE THAT KeyMasters DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR OTHER USERS.
KeyMasters IS NOT RESPONSIBLE FOR SERVICES AND FEATURES OFFERED BY OTHER PEOPLE, COMPANIES, OR ENTITIES, EVEN IF YOU ACCESS THEM THROUGH THE KeyMasters SERVICES.
You hereby agree that KeyMasters will not be liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or your use of the KeyMasters Services. KeyMasters’ aggregate liability arising out of or related to these Terms or your use of the KeyMasters Services will not exceed the greater of one hundred dollars ($100.00) or the amount you have paid KeyMasters in the past calendar year.
9. Representations as a Quester
As a Quester, you hereby represent that i) you are at least thirteen (13) years of age; and ii) you are not prohibited from receiving or using any aspect of the KeyMasters Services under applicable laws; and c) KeyMasters has not previously disabled your account for a violation of the law or these Terms, even if these Terms have been amended.
10. Warranties as a Quester
As a Quester, you hereby warrant that i) you will comply with the applicable laws and regulations in your jurisdiction when you make any use whatsoever of the KeyMasters Services; and ii) you have the authority, as required under applicable law, to provide KeyMasters with you personally identifiable information and allow KeyMasters to use such personally identifiable information for the purposes for which you shared it with KeyMasters.
11. No Tampering or Improper Conduct, Right To Cancel, Modify KeyMasters and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, designees, clients, sponsors, licensees, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Terms or any applicable Quest Rules; (b) Questers who have committed fraud or deception in entering or participating in a quest or claiming a prize (including, but not limited to, collusion among Questers, intentionally losing or playing poorly, deliberately transferring money between accounts through the use of our Services, or any other action to gain an unfair advantage in play); (c) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (d) any inability of the winner to accept the prize for any reason; (e) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond KeyMasters’ reasonable control; or (f) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in a contest or any promotion or prize related activities. KeyMasters reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the entry process or the operation of a quest, or with any website or mobile application promoting a quest; (b) acting in violation of these Terms or any applicable Quest Rules; or (c) entering or attempting to enter a quest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If KeyMasters determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of a quest, KeyMasters reserves the right to void the entries at issue, and/or terminate the relevant portion of the quest promotion, including the entire quest promotion, and/or modify the quest. 12. Payment Processing
KeyMasters makes use of third-party payment processing companies to process subscription payments, which may be subject to a payment processing fee imposed by such third party processor. You will receive notice of any applicable fees at the time of making a payment.
13. Refund Policy
KeyMasters reserves the right to, at our discretion, issue or decline to issue refunds on goods or services purchased. You agree that KeyMasters is not obligated to issue a refund for any reason.
14. Links to Third Party Sites/Third Party Services
The KeyMasters Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of KeyMasters or any part of the KeyMasters Services and KeyMasters is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KeyMasters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KeyMasters of the website or any association with its operators.
15. Device and Internet Connection
Access to the KeyMasters Services may require the use of your Device, as well as communication with or use of space on such Device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the KeyMasters Services.
16. Software License Grant
These Terms entitle you to install and use one copy of the Software on your Device. In addition, you may make one archival copy of the Software. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Software. You may not use, copy, or install the Software on any system with more than one computer, or permit the use, copying, or installation of the Software by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Software, you may not use, copy, or install the Software on any system with more than the number of computers permitted by these Terms, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may only use or install multiple copies of the Software if you obtain an appropriate licensing agreement for each User and a separate, corresponding copy of the Software.
17. Intellectual Property
All content included as part of the KeyMasters Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the KeyMasters Services, as well as the Software and the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of KeyMasters or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the KeyMasters Services. Your use of the KeyMasters Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of KeyMasters and/or Protected Content’s third party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of KeyMasters, our licensors, or any third party.
18. Copyright Infringement Policy
KeyMasters is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any content on KeyMasters or the KeyMasters Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the KeyMasters Services are covered by a single notification, a representative list of such works that appear within the KeyMasters Services; c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed. KeyMasters will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, KeyMasters will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
19. DMCA Counter Notification KeyMasters may notify the owner or administrator of the affected content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following: a) Your physical or electronic signature; b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which KeyMasters may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. Notices of claimed infringement and counter-notifications should be directed to:
Wolk & Levine, LLP 535 N. Brand Blvd., Ste. 300 Glendale, CA 91203 Attn: Zachary Levine, Esq. zjl@wolklevine.com
20. Use of Communication Services
The KeyMasters Services may contain bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
KeyMasters has no obligation to monitor the Communication Services. However, KeyMasters reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion. KeyMasters reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
KeyMasters reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in KeyMasters' sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. KeyMasters DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, KeyMasters SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. MANAGERS AND HOSTS ARE NOT AUTHORIZED KeyMasters SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF KeyMasters.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
21. Apple-Enabled Services Application
The KeyMasters Services operate in connection with products made commercially available by Apple, Inc. (“Apple”), in addition to other devices and operating systems. With respect to KeyMasters Services that are made available to you in connection with an Apple-branded product (such KeyMasters Services shall hereinafter be known as “Apple-Enabled Services”, the following terms and conditions apply, in addition to the terms and conditions set forth in these Terms:
a. You and KeyMasters acknowledge that these Terms operate between you and KeyMasters only and not with Apple and that as between KeyMasters and Apple, KeyMasters, not Apple, is responsible for the Apple-Enabled Services and the content thereof;
b. You acknowledge that the Apple iOS App Store contains rules and conditions that govern the use of software made available therein (collectively “Usage Rules”). Such Usage Rules are contained within the App Store Terms of Service (“App Store Terms”). Regarding the KeyMasters Services, you may not use the Apple-Enabled Services in any manner that is in violation of or inconsistent with these Usage Rules or the App Store Terms;
c. Your license to use the Apple-Enabled Services is limited to a non-transferable license to use the Apple-Enabled Services on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms;
d. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Services;
e. You acknowledge that Apple is not responsible for any product or software warranties, whether express or implied by law. In the event of any failure of Apple-Enabled Services to conform to any applicable warranty, you may notify Apple, via the methods described in the App Store, and Apple will refund the purchase price for the Apple Enabled Services to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Services, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law;
f. KeyMasters and you acknowledge that KeyMasters, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Services or your possession and/or use of those Apple-Enabled Services, including but not limited to i) product liability claims; ii)any claim that the Apple-Enabled Services fail to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection or similar legislation;
g. In the event of any third party claim that the Apple-Enabled Services or the end-user’s possession and use of those Apple-Enabled Services infringes that third party’s intellectual property rights, as between KeyMasters and Apple, KeyMasters, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
h. You represent and warrant that i) you are not located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and iii) you are not located in any other country or jurisdiction from which you would be barred from using the KeyMasters Services by applicable law; and
i. If you have any complaints, questions, comments, or concerns with respect to the Apple-Enabled Services, you should direct them to info@treasurequesters.app.
22. International Users
The KeyMasters Services are controlled, operated and administered by KeyMasters from our offices within the United States. If you access the KeyMasters Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the KeyMasters Content accessed through KeyMasters Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
23. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless KeyMasters, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (a) your misuse of and access to the KeyMasters Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) your use of or inability to use the KeyMasters Services; and (e) any claim that you caused damage to a third party.
24. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute must be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the Parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
25. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KeyMasters agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
26. Termination and Access Restriction
KeyMasters reserves the right, in its sole discretion, to terminate your access to the KeyMasters Services, the Software, and the related services or any portion thereof at any time, without notice. Use of the KeyMasters Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
27. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KeyMasters as a result of these Terms or use of the KeyMasters Services.
KeyMasters' performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of KeyMasters’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KeyMasters Services or information provided to or gathered by KeyMasters with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder these Terms will remain in effect.
These Terms constitute the entire agreement between you and KeyMasters with respect to the KeyMasters Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KeyMasters with respect to the KeyMasters Services. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
These Terms are non-transferable and you may not assign your rights and obligations under these Terms, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software without the express written consent of KeyMasters.
28. Changes to Terms
KeyMasters reserves the right, at any time and in its sole discretion, to change or amend these Terms. KeyMasters encourages you to periodically review the Terms to stay informed of our updates. KeyMasters will provide you with notice of such changes. Notice of any changes to these Terms will be accomplished upon the earlier occurrence of either, KeyMasters sending you an email to the address listed in your Account, notifying you of such changes, or KeyMasters announcing such changes through the KeyMasters Services. Such changes will go into effect immediately upon your access of the KeyMasters Services after you are given notice, as described herein. The most current version of the Terms will supersede all previous versions. Your continued use of the KeyMasters Services following the notice of any changes to these Terms constitutes your acceptance of such changes.
29. Choice of Law
You hereby consent to the jurisdiction of the State of Wyoming and agree that its law will be used to resolve all disputes arising from or concerning these Terms.
30. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the KeyMasters website or Service upon use of applicable services (as defined by California Civil Code Section 1789.2) may file a complaint regarding an applicable service and receive further information on resolving such complaints from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at http://www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
31. Contact Us
KeyMasters welcomes your questions or comments regarding these Terms. You may contact us at:
info@treasurequesters.app
240 Strawberry Lane, Ashland, Oregon, 97520.
hese Terms shall hereby go into effect as of April 3, 2022.