Version 1.0 | Created: 2018-09-07
2. Usage of the App
2.2. Please ensure that your mobile device and other hardware or software used for accessing the App meet the system requirements. You are solely responsible for ensuring that your hardware setup meet these system requirements, and understand that the Apps may not function properly unless these requirements are met.
2.3. We recommend that you contact your internet service provider and mobile operator to verify the fees and charges you may incur when using our App. You are solely responsible for any fees and charges for internet traffic and data usage that you may incur when accessing and using our Apps.
2.4. At all times and at ARROUND’s sole and absolute discretion, ARROUND reserves the right to deny access to the App (or parts thereof). Furthermore, the content and features of the App may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content will only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by ARROUND or one of our affiliates.
2.6. When you access or use the App (or parts thereof) you represent and warrant that you will not:
a) breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights; b) gain access (or attempt to gain access) to any area where you do not have a right or permission to be; c) engage in (or promote) any discrimination, racism, hatred, harassment, bullying, bigotry or inappropriate action against any individual or group of individuals; d) post any false, unlawful, inaccurate, misleading, deceptive, pornographic, obscene, vulgar, offensive, fraudulent, defamatory or libelous content; e) interfere with or try to manipulate any scoring, rating or feedback function in any App; f) distribute or post spam or unsolicited electronic communications; g) distribute viruses, malicious software, use any worms, Trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders or any other automatic means to access, damage, disrupt or interfere with any App for any reason; h) modify any file or any other part of the App that ARROUND does not specifically authorize you to modify; i) use exploits, cheats, undocumented features, design errors or problems in the App; j) collect information about other users without their consent; k) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; l) frame, mirror or otherwise incorporate any part of any App into any other website, software or service without our prior written authorization; m) bypass, circumvent or interfere with any technical measures used by ARROUND to provide the App; n) sell, buy, trade or otherwise transfer your user account, any personal access to the App or any content associated with your user account (including Virtual Content); o) impersonate another person or falsely imply that you are an employee or representative of ARROUND; or p) use your real name or a name or persona that is used by someone else or that ARROUND considers vulgar, offensive, inappropriate or violates someone else's rights.
2.8. Please note that there may be times when the App (or parts thereof) are unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
3. User Accounts
3.1. Certain use and access to the App may require the creation and use of a user account or login through a Facebook account, or via another social network. To create a user account or log in through a Facebook account, or via another social network, please follow the instructions provided on the within the App. User accounts are personal and may not be transferred to any other person.
3.2. You are solely responsible for all usage of the App through your user account and social media account. If your user account or social media account gets lost or stolen or if you become aware of any known or suspected unauthorized use of your user account and/or social media account, you are required to immediately notify ARROUND and to change your password. You are solely responsible for all use and transactions through your user name, password and social media account, until such notification is made to ARROUND.
3.3. You are responsible for taking the necessary precautions to keep your user account, user name, password and other login credentials strictly confidential. If you give out, disclose or lose your user name, password and/or social media login details, ARROUND is not liable for any damage or loss arising therefrom.
3.4. The User (including in this case any person applying to become a User) must always provide and maintain valid, complete and correct information to ARROUND. The User is obligated to provide any documents in writing that ARROUND may find necessary in order to confirm the correctness of the information provided by the User in connection with registration or verification procedures.
3.5. If you have not used your user account for a period of 12 months, ARROUND will send you an email to the email you have registered requesting that you confirm whether you wish to continue to access and use the App. If you do not respond to this request within 3 months, your user account and profile associated with the App deleted from our servers, meaning that it will no longer be possible to access or use your user account.
4. Trials, Beta Versions, Demos, etc
4.1. From time to time, ARROUND may offer users the option of accessing and
using trials, beta versions or demo versions of the App (or parts thereof)
prior to the general commercial release of the App. Trials, beta versions
or demo versions may (at ARROUND’s sole and absolute discretion) be limited
in scope and only offered to users fulfilling certain criteria determined
by ARROUND. Moreover, trials, beta versions or demo versions may be subject
to additional terms and conditions.
4.2. Trials, beta versions and demo versions are often offered during a limited period of time to test new features or functions of an App before launching such features. ARROUND reserves the right to suspend access to trials, beta versions or demo versions (or parts thereof) at any time, without prior notice.
4.3. You specifically acknowledge and agree that trials, beta versions or demo versions of the App are only released for testing and improvement purposes, in particular to provide ARROUND with feedback on the quality and usability of such trials, beta versions or demo versions. Certain features may also be disabled in trials, beta versions or demo versions. Furthermore, beta versions or demo versions may contain errors and create incompatibilities or damages to your mobile device. In light hereof, we recommend that you maintain full backups of any system that you choose to install or use trials, beta versions or demo versions of the App.
5. User Generated Content
5.1. Please be aware that you are solely liable for any postings, images, comments, suggestions, ideas, data, videos, information, details, text, communications and other material published or submitted via the App, , or otherwise provided by you to ARROUND (jointly “User Generated Content”).
5.4. By providing, publishing and/or disclosing User Generated Content, you hereby grant to ARROUND, its affiliates and third parties assigned by ARROUND a global, non-exclusive, sublicensable, royalty free license to use, edit, reproduce, modify, disclose, distribute, create derivative works from and/or publish such content in the App. You hereby also expressly grant to ARROUND a global, non-exclusive, royalty free license to use the User Generated Content in its marketing. ARROUND reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available.
5.6. You acknowledge and agree that you rely on User Generated Content provided by other users at your own risk and that ARROUND expressly disclaims any liability for User Generated Content.
6. Virtual Content
6.1. ARROUND’s application may include virtual items (including, but not limited to, unlockable digital content, virtual points, and other digital content (jointly "Virtual Content").
6.2. Whereas certain Virtual Content may be awarded free of charge during app usage, other Virtual Content may from time to time be made available by ARROUND for in-app purchases. Specific terms and conditions (including the Applicable Distribution Service Provider's (as defined below in Section 10.3) terms and conditions for in-app purchases) may apply to purchase of Virtual Content.
6.3. In order to purchase Virtual Content made available by ARROUND, you must be at least 18 years of age or have the consent of your legal guardian. Please review the settings in App Store, Google Play or the distribution platform of another applicable Application Distribution Service Provider to restrict unwanted in-app purchases. Legal guardians of Users under the age of 18 must monitor the activities of User's under the age of 18 and take the actions deemed necessary to prevent unwanted in-app purchases.
6.4. You hereby acknowledge and agree that you do not acquire any ownership rights in or to Virtual Content (whether awarded during app usage, gameplay or purchased by the User). You are only granted a limited, non-transferrable, non-sub licensable, revocable license to use Virtual Content in conjunction with your personal, non-commercial use of the App.
6.5. Virtual Content does not represent any monetary value and do not constitute actual property. While ARROUND may allow users to trade or redeem certain Virtual Content against other Virtual Content).
6.6. ARROUND reserves the unlimited right to change, modify or remove
Virtual Content (or any part thereof) without prior notice or liability to
6.7. Without limiting ARROUND’s other legal remedies, any sale, exchange, transfer or trade of (including any attempts to sell, exchange, transfer or trade) Virtual Content is prohibited and may lead to ARROUND limiting, suspending and denying your access to the App; (ii) removing your User Generated Content (as defined below in Section 5.1) or Virtual Content; (iii) removing any special status, or benefits associated with your account; (iv) taking technical and/or legal steps to prevent further use of any App, the Site or the Services; and (v) terminating your user account.
7.3. The User may not copy, modify, change, reverse engineer or disassemble the App (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the App.
7.4. The User may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the App (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.
7.5. ARROUND’s trademarks, trade names and other signs included or referenced in the App (the “Marks”) are protected by national and international trademark laws. All use of the Marks is strictly prohibited without ARROUND’s prior written approval. The Marks may not be used in connection with any product or service that is not approved by ARROUND or in any manner that is likely to cause confusion among customers or that disparages or discredits ARROUND.
7.6. The User hereby undertakes to immediately inform ARROUND regarding any claims from third parties arising out of or relating to the User's use of the App (or parts thereof) infringes such party's rights.
8.1. Any and all content in the App, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by ARROUND.
8.2. Nothing in this Agreement shall be interpreted as a transfer of any of ARROUND’s material or intellectual property rights to the User.
8.3. Save for User Generated Content, any and all rights created, developed or otherwise arising as a result of the use of the App (or parts thereof) shall be automatically, free of charge and exclusively vest in ARROUND.
9. Personal Data and Other Information
9.1. You hereby confirm that you have received information regarding our processing of your personal data, which is available at: https://arround.io/app_privacy/.
9.2. If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.
Additional Terms and conditions for the mobile application
10.2. Please note that standard fees for internet traffic may apply when using the Applications and that you are solely responsible for all such fees. If you are uncertain of the fees applicable to your internet traffic or data usage, please contact your internet service provider or mobile service provider.
10.3. If you have downloaded or accessed the Applications from App Store, Google Play or any other distribution platform for mobile applications ( "Application Distribution Service Provider"), you acknowledge and agree that:
c) The Application Distribution Service Providers have no obligation to furnish any maintenance or support for the Applications;
d) The Application Distribution Service Providers is not responsible for addressing any claims you may have or any claims of any third party relating to the Applications or your possession of the Applications, including, but not limited to, product liability claims, any claim that the Applications fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection legislation;
e) Your use of the Applications must at all times comply with the applicable Application Distribution Service Provider's then-current terms of service;
f) You agree to comply with all applicable third party terms of agreements when using the Applications (for example, you must not violate your wireless data service terms of agreement when using the Applications); and
11. Liability, non-warranty and indemnity
11.1. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS ARROUND’s
LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF
THE APP. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN
ACCESSING OR USING THE APP.
11.2. ARROUND ENDEAVORS TO KEEP THE APP AVAILABLE AT ALL TIMES AND TO CORRECT ERRORS AND DEFECTS WITHOUT UNNECESSARY DELAY. HOWEVER, ARROUND NEITHER REPRESENTS NOR WARRANTS THAT THE APP OR ANY OF THE SERVICES PROVIDED BY ARROUND WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE APP OR ANY OTHER SERVICE PROVIDED BY ARROUND IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11.3. THE USER ACKNOWLEDGES AND ACCEPTS THAT THE APP MAY BECOME UNAVAILABLE DUE TO PLANNED OR UNPLANNED SERVICE, MAINTENANCE AND/OR UPDATES.
11.4. ARROUND EXPRESSLY DISCLAIMS ANY LIABILITY IN RELATION TO USER GENERATED CONTENT.
11.5. IF ANY APP, THE SITE OR THE SERVICES CONTAIN LINKS TO WEBSITES OR RESOURCES PROVIDED BY THIRD PARTIES, SUCH LINKS ARE ONLY PROVIDED FOR INFORMATIONAL PURPOSES, AND ARROUND HAS NO CONTROL OR LIABILITY FOR THE CONTENT OF SUCH WEBSITES OR RESOURCES.
11.6. THE USER IS RESPONSIBLE FOR THE COMMUNICATION BETWEEN THE USER AND THE APP, AND THAT THE USER HAS THE HARDWARE AND SOFTWARE NECESSARY TO ACCESS AND USE THE APP. THE USER IS SOLELY LIABLE FOR DEFECTS AND LIMITATIONS IN THE USER'S OWN SOFTWARE AND/OR HARDWARE.
11.7. SUBJECT TO WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARROUND IS ONLY LIABLE FOR DIRECT DAMAGES CAUSED DUE TO ARROUND’S NEGLIGENCE AND NOT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF ARROUND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE THE APP.
12. Local Laws, Fraud, Infringement and Other Misuse
12.1. The User acknowledges that the App may only be used for legal
purposes and warrants that any and all use of the Platform, and/or the
Services will be compliant with applicable laws. The User uses the App, on
his or her own initiative and responsibility. The User shall defend and
hold ARROUND harmless from any and all third party claims arising out of or
applicable legislation, including, but not limited to, claims concerning
violations of applicable data processing legislation.
12.2. ARROUND takes claims of breach of law, fraud, infringements of intellectual property rights and allegations of misuse seriously. If you believe that your rights have been infringed or that any user is using any App in an unlawful manner, please notify ARROUND by sending an email to [email protected] ARROUND will investigate any and all such claims, and will take the actions deemed appropriate, including, but not limited to, reporting claimed actions to relevant authorities.
The Platform may provide links or references to other websites. ARROUND has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. ARROUND does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. For the avoidance of doubt, ARROUND neither endorses nor verify the content, offerings or conduct of third parties. If you decide to access any of the third party sites linked to the App, you do so entirely at your own risk. ARROUND reserves the right to terminate any link or linking program at any time.
14. FORCE MAJEURE
Any failure or delay by ARROUND in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of ARROUND. ARROUND does not accept any liability for the consequences arising out of any such force majeure events.
15. ENTIRE AGREEMENT, AMENDMENTS AND CHANGES
15.3. By using the App after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.
15.4. ARROUND does not undertake to archive previous versions of these
18. No Waiver
19. Governing Law and Disputes
19.1. If you have any concerns or complaints, please contact ARROUND at [email protected] .
19.2. By accessing the App, you agree that all matters relating to your access to and use of the Platform provided by ARROUND shall be governed by and construed in accordance with the laws of Belize, without giving effect to any principles of conflicts of law.
19.3. Any dispute arising out of your use of the Platform shall be settled by the courts of Belize, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
19.4. Sections 19.2 and 19.3 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.