Father.IO Terms of Service__

Father.io is a service of Proxy42 Inc. a Delaware corporation (“Proxy42” or “we” or “us”). By using our products and services, you are agreeing to these terms. Please read them carefully. Our products and services allow users to play a massive multiplayer first person shooter in real life, using a portable device ("Trigger Device"). After connecting your smartphone to the Trigger Device, you can play the game through mobile software application (each application, an "App") available through your mobile device's app store. Part of the game can be played even without The Trigger via App and Website https://father.io (the “Site”).
The Trigger Device, the Apps, and the Site are collectively referred to herein as the “Service”. Our products and services allow users to play with smartphone, after connecting your smartphone to the Trigger. This Master Terms of Service along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the “Terms”), governs your use of the Service.
By downloading an App, visiting the Site or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from accessing or using the Service.
We reserve the right at any time, in our sole discretion to:

  • change the terms and conditions of the Terms;
  • change the Service, including eliminating or discontinuing any information, application or other feature of the Service; or
  • deny or terminate your use of and/or access to the Service.

Any changes we make will be effective immediately upon our making such changes available on the Service or otherwise providing notice thereof. You agree that your continued use of the Service after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at [http://www.father.io/privacypolicy.html ]) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms, which are subject to change with no notice.

TABLE OF CONTENTS

This Agreement includes both the terms above and the following sections, to which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only - you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.


1. USE OF THE SERVICE

You are solely responsible for the use of the Service. Don't misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, and are solely responsible for compiance with all applicable use, import, export and re-export control laws and regulations that apply to the Service as well as the Trigger Device and to any hardware or other components that you may use in connection with the Service. Use of the Trigger Device, the App or any other downloadable software components provided by Proxy42 are subject to these Master Terms of Service and any Additional Terms provided by Proxy42.
Pre-Orders on or after November 10, 2014. By pre-ordering a Trigger Device on or after November 10, 2014 you acknowledge and agree that you are contributing (i.e., making a donation) to a work-in-progress and not making a direct purchase. Your reward is being pre-selected for purchasing the number of Trigger Devices you pre-order. If Proxy42 is unable to fulfill your reward and process your purchase, the parties agree that these Terms will apply (including the Dispute Resolution section below). Proxy42 may cancel or refund your contribution at any time and for any reason, and if Proxy42 does so, Proxy42 is not required to fulfill the reward.

2. ADDITIONAL TERMS

In addition to these Master Terms of Service, the following additional terms apply to your use of the Service. By using the Service, you agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the "Additional Terms"):
Privacy Policy , which describes Proxy42's policies with respect to the collection, use, and disclosure of personal information from you.
In the event of a conflict between the terms and conditions in this document and the terms in any of the Additional Terms, these Master Terms of Service will control.

3. LICENSE GRANT

Subject to the Terms, Proxy42 grants you a limited, non-exclusive, non-transferable, revocable license to use any software that is provided by Proxy42 that is pre-installed on, embedded in or incorporated into the Proxy42 Device (“Embedded Software”) solely in connection with your use of the Service. This license does not authorize you to use or modify the Embedded Software for any purpose, although you may independently develop apps through the Trigger Device.

4 . ELIGIBILITY TO USE THE SERVICE.

By accepting this Agreement, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement and use the Service in your jurisdiction. If you are at least 13 years of age and less than 18 years of age, your parent or legal guardian must read and accept this Agreement on your behalf.
You may not use the Service or register to use the Website (i) for the duration of your suspension if you have been suspended by Proxy42; (ii) at any time if you have been terminated from access to the Website or the Service by Proxy42; or (iii) at any time if you are a person barred from accessing the Website or the Service under applicable law.

5 . ACCOUNT INFORMATION & RESPONSIBILITIES OF REGISTERED USERS

Account Information. For security purposes, in order to access the Service and use the Proxy42 Device, you have to create an account and verify your identity. You hereby represent and warrant that the information you provide to Proxy42 upon registration will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Password. As a registered user, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Proxy42 by e-mail security@father.io. You are solely responsible for your own losses or losses incurred by Proxy42 and others due to any unauthorized use of your account.

6 . PERMISSIONS

You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications via your FATHER.IO profile settings, but you may not opt out of administrative communications from Proxy42 regarding your use of the Service.
If your use of the Service includes Proxy42 Apps for mobile devices, you hereby consent to and grant us the following permissions in connection with your use of the Proxy42 Apps for mobile devices:

  • Permission to update the Proxy42 device software via the Proxy42 app residing at your smartphone;
  • Permission to collect and use location data in connection with your use of the Service;
  • Permission to send and receive text messages regarding your use of the Service.

7. COMPLIANCE WITH LAW

You agree to operate the Service, and to locate and mount any related Trigger Device and third-party devices, in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction is permitted under all applicable laws and regulations, as well as to determine a correct geolocation to play the game for the Trigger Device and related third-party devices that is permitted under such laws and regulations. You acknowledge that Proxy42 is not responsible for your use of the Service, the Trigger Device or any related third-party devices in violation of any law or regulation.

8 . USE RESTRICTIONS

Proxy42 does not allow use of the Service for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the Service, or through the use of any bot, crawler, spider, or other automated process. Proxy42 reserves the right to restrict or terminate your right to use particular features of the Service if Proxy42 determines, in its sole discretion, that your use violates these Terms or any other applicable Additional Terms.

9 . SITE RESTRICTIONS

You agree not to use the Site or any aspect or feature there of for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do, or attempt to do, any of the following:
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Site, use of the Site, access to the Site, or content obtained through the Site for any purpose other than for your authorized use of the features of the Service that you have fully paid for, in accordance with all applicable Terms;
Access or use the Site for any comparative or competitive research purposes;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, or features that enforce limitations on the use of the Site or any content therein;
Use any manual or automated means to extract and/or compile content from the Site for any commercial purpose or otherwise;
Interfere with or disrupt the Site, networks or servers connected to the Site, or violate the regulations, policies or procedures of such networks or servers;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Site or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Site other than as intended; or
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

10 . RESERVATION OF RIGHTS

The Service is owned and operated by Proxy42. The software, content, visual interfaces, interactive features, information, trademarks, logos, graphics, design, compilation, computer code, products, software, services, content, and all other elements of the Service (“Proxy42 Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Proxy42 Materials, including intellectual property rights therein and thereto, are the property of Proxy42 or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Proxy42 Materials. Proxy42 reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Proxy42 Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.

11 . TERM AND TERMINATION

These Terms will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of the Terms. You may terminate these Terms by canceling your account with Proxy42 and, if applicable uninstalling and ceasing use of the Apps. Proxy42 may terminate the Service, disable any App, and/or these Terms, or limit or terminate your access to the Services at any time for any reason or no reason at all. No refunds will be granted in connection with any termination of the Service. Sections 13, 14, 15 and 17 shall survive the termination of this Agreement. You agree that termination of your account is your sole remedy for any claims, including dissatisfaction with the Service.

12 . MODIFICATIONS

Proxy42 reserves the right, in its sole discretion, to add, remove, or modify features of the Service at any time for any reason without liability to you. Proxy42 may change, modify, add, or remove portions of these Terms (including the Additional Terms) at any time by making such modified terms available to you on the Proxy42 website or through an App, or both. If Proxy42 materially modifies these Terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. No modifications to these Terms will apply to any dispute between you and Proxy42 that arose prior to the date of such modification. Your use of the Service after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.

13 . DISCLAIMERS

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proxy42 DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. Proxy42 EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

14 . LIMITATION OF LIABILITY

NEITHER Proxy42 NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LOSSES OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, THE USE OF TARGET DEVICE OR ANY OTHER HARDWARE, OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE Proxy42 OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES, LOSSES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER Proxy42 NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, LOSSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.

15 . INDEMNITY

You agree to fully indemnify, defend, and hold Proxy42, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all liability, claims, losses, demands, expenses and costs, including reasonable attorneys' fees incurred by such indemnified parties, relating to or arising out of the use or misuse of the Service by you or by third parties using the Service ("Users"),or your violation of the Terms, violation of any applicable law or regulation by you or an User, or a violation of the rights of any third parties by you or an User related to the use of the Service.

16 . JURISDICTIONAL ISSUES

Proxy42 makes no representation that the Service operates (or is legally permitted to operate) in all geographic area of the world, or that the Service is appropriate or available for use in all such locations. Using the Service in locations or territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a User chooses to use the Service, you agree and acknowledge that you and such User do so on each party's own initiative and at each party's own risk, and that you are solely responsible for compliance with all applicable laws.

17 . DISPUTE RESOLUTION

  • A. Generally. In the interest of resolving disputes between you and Proxy42 in the most expedient and cost effective manner, you and Proxy42 agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. Arbitration shall be conducted in San Francisco, California (USA) in accordance with California law and AAA procedures, as provided below. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Proxy42 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  • B. Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
  • C. Arbitrator. Any arbitration between you and Proxy42 will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting Proxy42.
  • D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Proxy42's address for Notice is: Proxy42 Inc. c/o Squire Patton Boggs LLP, 275 Battery Street, Suite 2600, San Francisco 94111, California (USA). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Proxy42 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Proxy42 shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Proxy42 shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Proxy42 in settlement of the dispute prior to the arbitrator's award.
  • E. Fees. In the event that you commence arbitration in accordance with these Terms, Proxy42 will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place in San Francisco, California, provided that if the claim is for $10,000 or less. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Proxy42 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
  • F. No Class Actions. YOU AND Proxy42 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Proxy42 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.
  • G. Modifications. In the event that Proxy42 makes any future change to this arbitration provision (other than a change to the Proxy42's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Proxy42's address for Notice, in which case your account with Proxy42 shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
  • H. Enforceability. If only Subsection (f) of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Miscellaneous" section shall govern any action arising out of or related to these Terms.

18. MISCELLANEOUS

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Proxy42 agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Proxy42, and supersedes any and all prior agreements, negotiations, or other communications between you and Proxy42, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. ----------- Except as set forth in Section (h) of "Dispute Resolution" above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of Proxy42, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Proxy42 may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if Proxy42 is unable to provide the Service as a result of a force majeure event Proxy42 will not be in breach of these Terms. A force majeure event means any event beyond the control of Proxy42. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Proxy42's waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.