Agreement between User and Daily Doubloons®
Welcome to the Daily Doubloons® mobile application (www.DailyDoubloons.com). The mobile application (the “App”) is compromised of various interfaces operated by Worldwide Activity, Inc.® (“Daily Doubloons”). Daily Doubloons® is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the App constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Daily Doubloons® mobile application is a geocaching-style real treasure hunt app.
The purpose of the Daily Doubloons® mobile application is to hide real valuables for players to locate either virtually through a device or live, at a physical location, always carefully reading accepting, and abiding by the Daily Doubloons® official game rules.

Privacy
Your use of the App is subject to Daily Doubloons’s Privacy Policy. Please review our Privacy Policy, which governs the App and informs users of our data collection practices.

Electronic Communications
Using the App or sending emails or digital communication of any kind to Daily Doubloons® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, notification and on the app, satisfy both parties consent.


Your Account
If you use this App, you are responsible for maintaining the confidentially of your account and password and for restricting access to your device alone, and you agree responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Daily Doubloons® is not responsible for third party access to your account that results from theft or misappropriation of your account. Daily Doubloons® and its associates reserve the right to refuse or cancel service or subscriptions, terminate accounts or remove or edit content in our sole discretion.

Minors
Daily Doubloons® does not knowingly collect, either online or offline, personal information from person under the age of thirteen. If you are under 18, you may use the App only with the permission of a parent or guardian.

Cancellation/Refund Policy
You may cancel any Daily Doubloons® purchased treasure hunt at any time before the initiation of the event at the scheduled time and date. All sales are final once any Daily Doubloons® purchased treasure hunt is labeled as ‘Active’ status or has been initiated.

Links to Third Party Sites/Third Party Services
The App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Daily Doubloons® and Daily Doubloons® 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. Daily Doubloons® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Daily Doubloons® of the site or any association with its operators.
Certain services made available via the App are delivered by third party sites and organizations. By using any product, service or functionality origination from the App, you hereby acknowledge and consent that Daily Doubloons® may share such information and data with any third party with whom Daily Doubloons® has a contractual relation to provide the request product, service or functionality on behalf of the App users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these Terms of Use. As a condition of your use of the App, you warrant to Daily Doubloons® that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
All content included as a part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the App, is the property of Daily Doubloons® or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright 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 of, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Daily Doubloons® content is not for resale. You use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written consent and permission of Daily Doubloons® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Daily Doubloons® or our licensors except as expressively authorized by these Terms.

Use of Communication Services
The App may contain bulletin boards, services, chat areas, news groups, forums, communities, personal web pages, calendars, 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 or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s device; 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 posted 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 other attributions, legal or other proper notices or proprietary designation 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 but not limited to e-mail addresses, without their consent; violate any applicable laws or regulations.
Daily Doubloons® has no obligation to monitor the Communication Services. However, Daily Doubloons® reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Daily Doubloons® reserves the right to terminate your access to any or all of the Communication Services at any time with or without notice for any reason whatsoever, following the violation of any of the policies set forth in this agreement.
Daily Doubloons® 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 post or to remove any information or materials, in whole or in part, in Daily Doubloon’s sole discretion.
Always use caution when giving out personal identifying information about yourself or your children any any Communication Service. Daily Doubloons® does not control or endorse the content, messages or information found in any Communication Service and, therefore, Daily Doubloons® 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 Daily Doubloons® spokespersons, and their views do not necessarily reflect those of Daily Doubloons®.
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.

Materials Provided to the App or Posted
Daily Doubloons® does not claim ownership of the materials you provide to the App (including feedback and suggestions) or post, upload, input or submit to any Daily Doubloons® app or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Daily Doubloons®, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Daily Doubloons® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Daily Doubloons® sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your Daily Doubloons® account to third party accounts. By connecting your Daily Doubloons® account to your third party account, your acknowledge and agree that you are consenting to the continuous release of information about to you to others (in accordance with your privacy settings on those third party site). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Services is controlled, operated and administered by Daily Doubloons® from our offices and distributed through the Apple App Store and Google Play Store internationally. If you access the Service from a location outside the USA, you are responsible for compliance with all local US laws. You agree that you will not use the Daily Doubloons® content accessed through the App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Daily Doubloons®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Daily Doubloons® reserves the right, at its own cost, to some the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Daily Doubloons® in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provision hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall 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 or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly. The entire dispute shall be determined by the Arbitrator.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrators and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUC AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Daily Doubloons® party 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.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHARGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORLDWIDE ACTIVITY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.
WORLDWIDE ACTIVITY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WORLDWIDE ACTIVITY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM ENTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORLDWIDE ACTIVITY, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WORLDWIDE ACTIVITY, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

Termination/Access Restriction
Daily Doubloons® reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of our relation to the use of the App. Use of the App in unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Daily Doubloons® as a result of this agreement or use of the App. Daily Doubloons’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Daily Doubloons’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Daily Doubloons® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and liability limitations set forth above, 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 of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Daily Doubloons® with respect to the App and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Daily Doubloons® with respect to the App. A printed version of this agreement and of any notice given in electronic format shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed or digital format. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Daily Doubloons® reserves the right, in its sole discretion, to change the Terms under which the App is offered. The most current version of the Terms will supersede all previous versions. Daily Doubloons® encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Daily Doubloons® welcomes your questions or comments regarding the Terms:

Worldwide Activity, Inc.
PO Box 108
Idaho Falls, ID 83442
Email Address:
support@dailydoubloons.com
Telephone Number:
1-877-214-4868





Effective as of January 01, 2022