Leplace Terms of Service and End-User License Agreement

Last Modified: December 29, 2022

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Table of Contents

1. Terms

2. License Grant

3. Privacy

4. Use of the Services

5. User Contributions

6. Participation in Events

7. Intellectual Property

8. Copyright Policy

9. Disclaimer of Warranties

10. Limitation of Liability

11. Equitable Relief

12. Severability

13. Modification

14. Termination

15. Entire Agreement

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Terms

Welcome to Leplace (“Company”, “we”, “our”, “us”). We publish real-world augmented reality mobile experiences, including mobile game applications (“Apps”) and associated services (“Services”). 

Please read this Agreement carefully before completing the installation process and using Leplace software. It provides a license to use Leplace software and contains warranty information and liability disclaimers. The Terms included in the Agreement also apply to any Leplace updates, supplements, and services, unless other terms accompany those items on delivery.

By using our Services, you are agreeing to these Terms. If you don't agree to these Terms, you may not use the Services.

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License Grant

Leplace grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Apps strictly in accordance with the Terms of this Agreement.

Unless expressly permitted in these Terms or under applicable law, you may not: (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Apps or make the platform available to any third party; (b) modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Apps and/or Content; (c) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Leplace or its affiliates, partners, suppliers or the licensors of the Apps and/or Content.

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Privacy

Our Services are designed to enable you to interact in virtual game environments blended with information from the real world. To provide the Services, we require information about you, which we only use according to a legal basis. Please refer to our Privacy Policy for further details.

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Use of the Services

 

Safe and Appropriate Use

While using our Services, please be aware of your surroundings. You agree that your use of the Services is at your own risk and that you will not use the Services to violate any applicable law.

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not trespass and will not otherwise engage in any activity that may result in damage or injury of any kind.

 

Eligibility and Account Registration

If you want to use certain Services, you will have to create an account ("Account"), and you will also need access to a supported mobile phone and an Internet connection.

Unless stated otherwise for a particular Service, children are not allowed to use the Services. To the extent permitted under applicable law, Leplace declines any responsibility regarding any activities conducted by a child with or without the permission of a parent.

 

Content and Virtual Goods

The Apps and their contents (“Content”), features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Leplace, its licensors or other providers of such materials and are protected by international copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights laws. The materials may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Leplace, unless and except as is expressly provided in these Terms. Any unauthorized use of the materials is prohibited.

The Apps may display, include or make available third-party content (including data, information, and other products or services) or provide links to third-party websites or services, solely as a convenience to you and you may access and use them entirely at your own risk and subject to such third parties terms and conditions.

Leplace permits the purchase of virtual currency (“Virtual Money”), which can be used to purchase virtual items or services expressly available for use in the Apps (“Virtual Goods”), solely for your personal, non-commercial use of the Services. You acknowledge that Virtual Money and Virtual Goods are provided without any warranty and do not represent a transfer of any ownership rights. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we do not allow exchanges or refunds once the transaction has been made.

 

External Services

The Apps may use external services for certain functions, including cell phone networks, hotspots, wireless internet, and other services. You acknowledge that such external services and other external conditions and circumstances outside Leplace's reasonable control may affect your ability to use our Services. You, therefore, agree that Leplace shall not be responsible for any disruption due to external circumstances, including external services. 

 

Service Updates

Leplace reserves the right to modify, suspend or discontinue, temporarily or permanently, the Apps or Services, without any liability to you. Leplace may from time to time provide enhancements or improvements to the features/functionality of the Apps, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Apps. You agree that Leplace has no obligation to provide any Updates or continue to provide or enable any particular features and/or functionalities of the Apps to you.

You further agree that all Updates will be deemed to constitute an integral part of the Apps, and are subject to the terms and conditions of this Agreement.

 

Prohibited Uses

You are responsible for your own actions while using the Apps and Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless expressly authorized by applicable law:

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• collect, store or share any personally identifiable information of other users from the Services without their express permission;

• extract, scrape, or index the Services or Content (including information about users or gameplay);

• access, tamper with, or use nonpublic areas of the Services, or the technical delivery systems of Leplace's providers;

• attempt to probe, scan, or test the vulnerability of any Leplace system or network, or Service, or breach any security or authentication measures;

• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Services;

• share or make the Apps available to third parties (unless to the degree allowed by these Terms), sell, rent, lend, lease or otherwise redistribute the Apps;

• 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 Leplace (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);

• reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Apps, Content, or any part thereof;

• bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Leplace or any of Leplace's providers or any other third party (including another user) to protect the Services or Content;

• use, display, mirror, or frame the Services or any individual element within the Services, name, trademark, logo, or other proprietary information, or the layout and design of any page or App without Leplace's express written consent;

• post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;

• violate any applicable law or regulation, or

• encourage or enable any other individual to do any of the foregoing.

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Any attempt by you to disrupt or interfere with the Services, including without limitation undermining or manipulating the legitimate operation of any website or App, is a breach of Leplace Terms and may be a breach or violation of criminal and civil laws.

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User Contributions

The Apps may allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Apps, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Apps and Services and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Apps, and other users of the Apps to use your Contributions in any manner contemplated by the Apps and this Agreement;

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Apps and this Agreement;

• Your Contributions are not false, inaccurate, or misleading;

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;

• Your Contributions do not violate any applicable law, regulation, or rule;

• Your Contributions do not violate the privacy or publicity rights of any third party;

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

• Your Contributions do not otherwise violate, or link to material that violates any provision of this Agreement, or any applicable law or regulation.

 

Contribution License

By posting your Contributions to any part of the Apps or making Contributions accessible to the Apps by linking your account from the Apps to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

We have the right, in our sole and absolute discretion, (a) to edit, redact, or otherwise change any Contributions, (b) to recategorize any Contributions to place them in more appropriate locations in the Apps, and (c) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Leplace with respect to the Apps shall remain the sole and exclusive property of Leplace.

Leplace shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

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Participation in Events

 

Registration and Tickets

The term "Event" means any in-person event, gathering, activity, or the like which is directly organized, hosted, or managed by Leplace and/or any other authorized party involved in creating or delivering the Event. By registering or, where required, purchasing tickets for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.

Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Leplace will use your data collected according to this Agreement and the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials, or public Event leaderboards and gameplay competitions.

 

Conduct and Policies

You shall at all times comply with all applicable laws and any rules and policies provided by Leplace or any other authorized party involved in creating or delivering the Event.

Leplace and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms; (b) engages in disorderly conduct or willful misconduct; or (c) Leplace or its authorized third parties believe will cause a negative effect on the Event, participants, spectators, and/or personnel.

 

Assumption of Risks

Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in, or attending an Event, you assume any risks occurring before, during, or after the Event, including injury by any cause, damage, loss, or theft of property.

To the extent permitted under applicable law, you hereby release Leplace and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses, or liability that may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.

 

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade names, logos, corporate names, and domain names, together with derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Services provided by Leplace shall always remain the exclusive property of Leplace (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you a license to Leplace's Intellectual Property Rights.

You agree that this Agreement conveys a limited license to use Leplace's Intellectual Property Rights, solely as part of the Apps and Services (and not independently of them), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Leplace's Intellectual Property Rights independently of the Services or outside the scope of this Agreement shall be considered an infringement of Leplace's Intellectual Property Rights.

Except as expressly granted in this Agreement, Leplace reserves and shall retain all rights, title, and interest in the Apps and Services, including all copyrights and copyrightable subject matter, trademarks and trademarkable subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

 

Copyright Policy

Leplace respects copyright law and expects its users to do the same. Under appropriate circumstances, Leplace will terminate Accounts that infringe or are believed to be infringing the rights of copyright owners.

If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

Disclaimer of Warranties

The Apps and Services are provided to you without warranty of any kind. To the maximum extent permitted under applicable law, Leplace, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Apps and Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Leplace provides no warranty of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content provided in the Apps.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Leplace or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Leplace or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Equitable Relief

You acknowledge and agree that your breach of this Agreement could cause Leplace irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Leplace may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened, or continued breach of this Agreement.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Leplace, shall constitute the entire agreement between you and Leplace concerning the provided Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

Modification

Leplace reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is substantial we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a substantial change will be determined at our sole discretion.

By continuing to access or use our Apps after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Apps.

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Termination

This Agreement shall remain in effect until terminated by you or Leplace.

Leplace may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Leplace, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account from the Apps, and deleting the Apps and all copies thereof from your device.

Upon termination of this Agreement, you shall cease all use of the Apps and delete all copies of the Apps from your mobile device.

Termination of this Agreement will not limit any of Leplace's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

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Entire Agreement

The Agreement constitutes the entire agreement between you and Leplace regarding your use of the Apps and supersedes all prior and contemporaneous written or oral agreements between you and Leplace.

You may be subject to additional terms and conditions that apply when you use or purchase other Leplace services, which Leplace will provide to you at the time of such use or purchase.