XPLORA TECHNOLOGIES AS
(End User License Agreement)
TERMS OF SERVICE
April 2021

 

INTRODUCTION

 

* All campaigns in Xplora service is run and sponsored by Xplora Technologies AS. Apple Inc. does not sponsor any of campaigns in Xplora service even though you use the service from iPhone.

 

Welcome to the use of the services of Xplora Technologies AS, org. no. 916 752 628 (“XPLORA”, “Xplora” or “we”). These Terms of Service (“Terms of Service, “Terms” or “ToS”) are used to govern the relationship between you and Xplora (together with its parents, subsidiaries, representatives, affiliates, officers and directors, “XPLORA”, “Xplora” or “we” or “us”) in regards to your access to and use of any and all services provided by Xplora, including, but not limited to, games developed and/or published by Xplora, Xplora’s and aforementioned games’ webpages and other services, such as applications or any social functions of the aforementioned services or any other services Xplora has attached these Terms to (“Services”). By downloading, installing, accessing or using any part of the Services, you represent that you understand and agree to these Terms and agree to be bound by them. If you do not agree to these Terms, you may not access or use the Services.Welcome to the use of the services of Xplora Technologies AS, org. no. 916 752 628 (“XPLORA”, “Xplora” or “we”). These Terms of Service (“Terms of Service, “Terms” or “ToS”) are used to govern the relationship between you and Xplora (together with its parents, subsidiaries, representatives, affiliates, officers and directors, “XPLORA”, “Xplora” or “we” or “us”) in regards to your access to and use of any and all services provided by Xplora, including, but not limited to, games developed and/or published by Xplora, Xplora’s and aforementioned games’ webpages and other services, such as applications or any social functions of the aforementioned services or any other services Xplora has attached these Terms to (“Services”). By downloading, installing, accessing or using any part of the Services, you represent that you understand and agree to these Terms and agree to be bound by them. If you do not agree to these Terms, you may not access or use the Services.

If you are below the age of 18, you agree that you have received permission from a parent or guardian to use our Services.

Please be advised that the general competition rules described herein applies for multiple markets across several countries.

We may amend these terms by posting the amended version(s) on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms as amended. If you do not agree with any of the changes, you must immediately cease your usage of our Services.

Limited License

Subject to your agreement and our continued compliance with these Terms and all relevant Xplora policies, we hereby grant you a non-exclusive, non-transferable, non-sublicensable revocable limited license (subject to the limitations stated below) to access and use our Services for your own personal (i.e. non-commercial) entertainment purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Service. Any rights expressly granted herein are reserved by Xplora and its licensors.

Restrictions

You specifically agree to the following license restrictions in connection with the Service(s):

• If you are under the age of 18, or under the age of the legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian.
• You are prohibited from using our Service(s) for commercial purposes. Any and all exceptions from this are to be delivered in writing from official Xplora representatives.
• You are prohibited from using our Service(s) to advertise, solicit or transmit any commercial advertisement, which include but are not limited to chain letters, junk, spam or repetitive messaging, both targeted and non-target specific.
• You are prohibited from creating an Account on someone else’s behalf, except if you are a parent or legal guardian.
• You are prohibited from creating an Account using inaccurate or false information.
• You are prohibited from renting, selling, gifting or giving away your Account or Account-related information or Virtual Items.
• You are prohibited from selling or transferring prizes or rewards obtained in connection with the Service(s) to any other person or entity without explicit consent from Xplora.

You also agree that you under no circumstances will:

• Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Service(s) or these Terms.

Your use of the Services is tied to your compliance to adhere to the specific campaign or event rules that you sign for yourself or/and your child or children.

Ownership

Intellectual Property Rights

The Services and all rights, title and interest therein are and shall remain the property of Xplora or its licensors. This may include, without limitation, all games, mobile applications, software (including server software), websites, titles, characters, player character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, method of operation, documentation, moral rights, all recordings of games and gameplay, and Virtual Items appearing and/or originate in in our Services, whether provided, earned or purchased.

Your Account

In order to access key features of the Service, you will be required to create an account (“Account”) with Xplora. When you register for an Account or update the information therein, you agree to provide accurate information to Xplora and that you will always keep it up to date. You may never allow anyone else to use your Account (except your parents or legal guardian). If you have reason to believe that your Account details have been compromised and thus lost its integrity, then you must immediately notify Xplora. If anyone appearing to represent Xplora asks for your password or personal information (such as your name, address or phone number), please report this to Xplora immediately. Xplora employees will never ask for your personal details. You agree that we may take steps to verify the accuracy of the information you provide, including contact information for a parent or guardian.

XPLORA’s Right to Use Information About You

Any and all personal information provided by entrants will be collected, stored and processed by or on behalf of Xplora strictly under the Data Protection Act of 1998 and in compliance with the General Data Protection Regulation (GDPR) of 2018.

The personal information will be used by or on behalf of Xplora in order to enable it to administer the Competition in accordance with Services stated in this document and publicize the prize winners, and to send a winning entrant the prize or prizes, if any, earned by competing and qualifying for said prize or prizes. The winner’s information may be shared to Xplora’s agencies and third-party suppliers assisting in the conduct of the Competition, including the Competition administrator, prize suppliers and delivery instances.

An entrant’s personal details may be used for the marketing purposes of Xplora only if an entrant has opted in to receive future marketing mailings from Xplora or for any other purpose agreed upon by an entrant. If an entrant would like to stop receiving messages from Xplora, the entrant can unsubscribe by clicking the unsubscribe button provided in any and all marketing emails from Xplora.

Other than its agencies and third-party suppliers who are contracted to administer the Competition, Xplora will not pass any entrant’s details on to any third party unless otherwise required to do so by law.

Xplora’s Privacy Policy applies to any processing of data performed in connection with this Competition. The Privacy Policy can be found at https://shop.myxplora.co.uk/pages/privacy-policy

Xplora reserves the right to publish the full name, photograph, likeness and country of residence of the winners or to publicize the Competition or the prize-giving presentation, in any and all media that Xplora desires, after the date of the Competition close date and within a year of this date.

The winners agree to take part in such reasonable Competition-related publicity as Xplora may require and hereby accepts that Xplora may publicize images/statements in connection with/resulting from this Competition.

Normal use expectations and Xplora Coin rewards

You agree to use the Xplora service within normal use expectations. This implies that you use your device within expectations of reasonable daily activity. Because activity levels per individual may vary, we allow up to 20,000 steps from your device to be converted to Xplora Coin each day as a blanket measure. Any system errors or device malfunctions, intentional by the user or not, that provide the user with more Xplora Coin than this daily limit will be removed by our service. The user will be rewarded up to, but not exceeding, 20 Xplora Coin per day. Any exceeding of this amount will be considered a violation of these Terms and will be subject to recalls at Xplora's discretion.

Code of conduct and cheating

You agree to be responsible for your activity on the Xplora and Xplora service, and agree to use the services provided within general, and campaign-specific rules and guidelines. Prohibited behavior includes, but is not limited to:

Manipulating/modifying the step-counting mechanism of your device for Xplora Coins, campaigns, competitions, and prizes: These may include:

Using mechanical devices to increase steps

Using external software to increase steps.

Manipulating software code to gain advantages in campaigns, competitions, and Xplora Coin.

Use of illegitimately gained Xplora Coin.

Participating/competing in campaigns while using a modified device.

 

Enforcement, bans, and suspensions

We reserve the right to monitor and intervene the aforementioned activities for users that violate the code of conduct agreement or exceed normal use expectations. We use a series of analytical processes and algorithms to track and manage unusual behavior regarding Xplora and Xplora Coin. We reserve the right to recall, suspend and/or ban all Xplora Coins and Xplora services for devices or accounts that have been deemed to be suspicious. In absence of sufficient evidence of unintentional device malfunction, the enforcement decisions will be final and cannot be rescinded.

 

General

1. No responsibility will be taken by XPLORA for entries or claims which for technical or other reasons are not entered correctly or are lost. Incomplete entries will not qualify for the competition.
2. There are no cash or other prize alternatives available in whole or in part, except in the event of circumstances outside XPLORA’s control. XPLORA reserves the right to substitute a similar alternative of equal or greater value. Unless otherwise agreed upon in writing by XPLORA, the prize will only be awarded directly to the winner.
3. In the event of circumstances outside the reasonable control of XPLORA, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this competition or the awarding of prizes, and only where circumstances make this unavoidable, XPLORA reserves the right to cancel or amend the competition or these terms and conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment. For the avoidance of doubt, XPLORA will not be responsible for any unforeseen cancellations of flights or other arrangements.
4. XPLORA and its agents reserve the right at its sole discretion not to consider, and to exclude or disqualify any entry that they deem to be abusing or tampering with the operation of the Competition, or to be acting in any manner deemed by XPLORA to be in violation of or inappropriate with these terms and conditions.
5. XPLORA reserves the right to verify all entries including but not limited to asking for address and identity details (which entrants must provide within two (2) business days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the competition and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this competition entry requirements or otherwise where a participant has gained unfair advantage in participating in the competition or won using fraudulent means.
6. XPLORA will be the final arbiter in any decisions and these will be binding, and no correspondence will be entered into in relation to this clause.
7. Trademarks, logos and names of the products and retailers are the property of their respective owners.
8. XPLORA assumes no responsibility for:
   1. any error, omission, interruption, or delay in operation or transmission of any communication sent to (or by) XPLORA or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise,
   2. any theft, destruction or unauthorized access to, or alteration of such communications;
   3. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
   4. any incorrect or incomplete information which may be communicated in the course of administering this Competition (whether as a result of one of the foregoing causes or otherwise);
   5. any delay in delivery, or failure of safe delivery of the Prize.
9. To the full extent permitted by law and excluding death or personal injury caused as a result of XPLORA’s negligence, XPLORA, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant in connection with the Competition or Prize, including without limitation:
   1. any indirect, economic or consequential loss;
   2. any loss arising from the negligence of a Relevant Party;
   3. any liability for personal injury or death.
10. The Competition and the terms and conditions will be governed by the English law and any disputes arising out of or in connection with the Competition will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

 

XPLORA Technologies AS
Øvre Slottsgate 27
0157 Oslo
Norway
Registration num: 916752628