TOS

THESE TERMS OF SERVICE CREATE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN SCOTTYLABS (“SCOTTYLABS” OR “WE” OR “US” OR “OUR”) AND THE USER (“USER” OR “YOU” OR “YOUR”) OF THE CMU ORIENTATION QUEST APP (“ORIENTATION QUEST APP” OR “O-QUEST APP” OR “APP”).

This agreement, combined with the Orientation Quest Privacy Policy (the “Privacy Policy”), which is hereby incorporated into this Agreement, governs your use of the Orientation Quest services, features, and Orientation.

By using or accessing the App, you agree to be bound by this Agreement. If you are younger than 18 years old, but at least 16 years old, your legal guardian or caretaker who is at least 18 (“Guardian”) must review and approve this agreement on your behalf before you use the App. If you (or where applicable, your Guardian) do not agree to be bound by this Agreement, or you are under 16, you are not permitted to use the App or to register another person to use the app. ScottyLabs is not liable for the use of the App by, or for any content viewed by, minor children in violation of this Agreement.

  1. The App
    The App is the platform that hosts all the digital components of Carnegie Mellon University (“CMU”)’s Orientation Quest scavenger hunt game, in all its iterations. This includes ScottyCoins (as defined below) and Thistlestones (as defined below).
  2. Patches
    ScottyLabs reserves the right to patch or update the App, in order to update game content or features.
  3. Challenges
    Challenges refer to locations that the user finds while playing Orientation Quest.
    1. Challenge Marker
      Challenges Markers are the real-world, in-person NFC posters that users tap their mobile devices at to mark the in-app Challenges as Complete.
  4. Virtual Currency
    1. ScottyCoins
      Users can earn ScottyCoins for Completing Challenges. ScottyCoins can be traded for in-person, real-world prizes provided by Carnegie Mellon University’s First-Year Orientation and campus partners, as described in the App itself, while supplies last. THE USER AGREES THAT SCOTTYCOINS DO NOT CARRY ANY REAL-WORLD CASH VALUE, IN ANY CURRENCY, REGARDLESS OF WHETHER SCOTTYCOINS ARE EXCHANGED FOR PRIZES. THEY CANNOT BE ‘BOUGHT,’ ‘SOLD,’ ‘GIFTED,’ OR TRANSFERRED.
    2. Thistlestones
      Users can earn Thistlestones for Completing certain Challenges, as defined in the App itself. THE USER AGREES THAT THISTLESTONES DO NOT CARRY ANY REAL-WORLD CASH VALUE, IN ANY CURRENCY. THEY CANNOT BE ‘BOUGHT,’ ‘SOLD,’ ‘GIFTED,’ OR TRANSFERRED.
  5. Terrier Trade
    Terrier Trade refers to the in-game store, where the User may exchange ScottyCoins to claim in-person rewards that they can then redeem in the real-world, through distribution channels as described through in-App or ScottyLabs-approved external materials. ScottyLabs reserves the right to limit exchanges on both individual items and the Terrier Trade as a whole.
    1. Terrier Ticket
      Once the User claims a prize from the Terrier Trade, they will receive a Terrier ticket, which will be scanned in person to verify the rewards that the User has claimed in the Terrier Trade, as described in-App or ScottyLabs-approved external materials.
  6. Gallery
    You maintain the full legal right to any photos that you take while in the App.
  7. Third Party Sites
    ScottyLabs may include links to third-party sites, or information about third-party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, the User should review the terms of use and privacy policies of all sites and services they link to, from, or are referred to by the App.
  8. Access to the App
    1. Subject to your acceptance of and compliance with this Agreement, ScottyLabs grants to you a non-exclusive, non-transferable, revocable limited license to use the App and associated Content for your personal use. You agree not to use the App for any other purpose, nor for any unlawful purpose.
    2. ScottyLabs may change, modify, suspend, or discontinue in its entirety or any aspect of the App at any time. ScottyLabs may also impose limits on certain features or restrict or prohibit your access to parts or all of the App at any time, all without notice or liability. The parties acknowledge and agree that ScottyLabs may, in its sole discretion, add, modify, or remove ScottyCoins, Thistlestones, and redeemed Terrier Trade prizes from the User at any time, for any reason.
    3. Use of the App by Minors. Users who are under 18 years old but at least 16 years old must have a Guardian agree to these terms on their behalf before they use the App.
  9. Usage Rules
    As a condition of your use of and access to the App, you agree to comply with any application-, tool-, or content-specific rules published within the App as well as the following usage rules, which ScottyLabs may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 11). You agree that you will not, in regard to the App (as determined by ScottyLabs in its discretion):
    1. engage in conduct that: (i) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, fraudulent, deceptive, defamatory, harmful or harassing, threatening, slanderous, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, or causes embarrassment to any other person; (ii) violates any law or regulation or the rights of others; (iii) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the App; and/or (iv) infringes any intellectual property, proprietary rights or confidentiality obligations of others.
    2. engage in conduct that violates any part of the Carnegie Mellon Student Handbook, including (but not limited to) The Code, Academic Policies, and Community Policies;
    3. engage in conduct that conflicts with the spirit or intent of the App, including (but not limited to), restricting any other user from using or enjoying the App or exposing ScottyLabs or another to any liability or detriment of any kind.
    4. distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program (“Malware”)
    5. create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the content or functionality of Orientation Quest in any way, including (but not limited to), any unauthorized third party programs that intercept, emulate, or redirect any communication between ScottyLabs or its partners and Orientation Quest and/or any unauthorized third party programs that collect information found within or about Orientation Quest)
    6. sell the Service, or any part thereof, for currency or items of value;
    7. deliberately mislead anyone as to your identity, impersonate another, or allow another person or entity to use your identity in order to access the App, through means such as (but not limited to) signing in with an Andrew ID that is not yours; or
    8. attempt to bypass any of the App’s security and gameplay integrity measures, including (but not limited to):
      1. the usage of NFC technology and location data to verify Challenge Completion; or
      2. the restriction of one account per device
      3. the inability to earn ScottyCoins if the account is designated a “Staff” account
  10. Ownership of Orientation Quest and Intellectual Property Rights
    1. Content of the App, including (but not limited to) graphics, code, user interface, text, and layout are either owned by ScottyLabs or licensed by third parties.
    2. ScottyLabs respects the intellectual property rights of others, including those of Carnegie Mellon University.
  11. Privacy and Protection of Personal Information
    ScottyLabs respects the privacy of users of the App. Information collected from you and any individual you register to use the App by ScottyLabs is subject to the Orientation Quest Privacy Policy.
  12. Changes to this Agreement
    ScottyLabs reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that ScottyLabs will use reasonable efforts to provide you with notification of any material changes (as determined in ScottyLabs’ sole discretion) by email, postal mail, app posting, pop-up screen, or in-app notice. Notwithstanding the foregoing and for the avoidance of doubt, ScottyLabs shall not be liable to you or to any third party in the event any change, modification, supplementation or deletion of any terms or conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) interferes with your prior use of or interaction with the App in any way. You should revisit these Terms of Service whenever you use the App to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the App. Your continued use of the App following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
  13. Term and Termination
    1. You may terminate this Agreement at any time and without giving any reason by ceasing to use the App. If you would like game information tied to you deleted, you may send an email request to [email protected]. Termination will not affect already existing rights or obligations of us or you.
    2. If you materially breach this Agreement, ScottyLabs reserves the right to suspend or cancel your access to Orientation Quest and its content, including virtual currency and claimed prizes. By material breach of the Agreement, we mean a serious breach which could cause significant harm to ScottyLabs, Carnegie Mellon University, Carnegie Mellon University students, or other users of the App.
  14. Force Majeure
    Neither the User nor ScottyLabs will be liable for any failure to perform any obligation under this Agreement or to provide access to the App if that failure is caused by the happening of any unforeseen event beyond either party’s reasonable control, including (but not limited to) Internet outages, communications outages, fire, flood, war or act of God.