Most end-user usage of Supa Serious is free. However, certain enterprise-only features do exist. These features are targeted solely towards commercial users and are always optional. Subject to your payment of any applicable fees, Supa Serious will provide the Services to you in accordance with the descriptions on its website and in any contracts. If applicable, Supa Serious will provide you with reasonable support services for the Services in accordance with the limitations and restrictions set forth on its website. Notwithstanding the foregoing, Supa Serious may make reasonable modifications to the Services at any time. Subject to any payment or any other applicable fees, Supa Serious authorizes you to access, view and use the Site Content and Software (collectively, the "Supa Serious Admin Page") solely to the extent necessary for you to use the Services. You may not remove or change any copyright, trademark or other proprietary notices that have been placed on the Supa Serious Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Supa Serious Property, or any portion of the Supa Serious Property, is strictly prohibited without the prior written permission of Supa Serious.
You agree, and represent and warrant, that your use of the Services and the Supa Serious Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Supa Serious Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
Customers must have a compatible mobile device with the Supa Serious application installed to play Supa Serious games, earn points, and to qualify for any rewards or prizes that offered.
Supa Serious is under no obligation to edit or control User Content that you and other users post to or distribute, and will not be in any way responsible or liable for User Content. Supa Serious does not control the Customers or other individuals that use the Services. You post, access and use User Content at your own risk, and Supa Serious and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Customers should exercise caution in interacting with unknown persons that they meet playing Supa Serious games in the same way that they would exercise caution in the physical world.
No user of the Services shall:
Supa Serious warrants that the Services and Supa Serious Property will conform substantially to the descriptions set forth on the Supa Serious website. Supa Serious does not warrant that the Services or Supa Serious Property will operate error-free or without downtime. Supa Serious may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to Supa Serious. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and Supa Serious's sole and exclusive liability, shall be (at Supa Serious's option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, Supa Serious make no representations or warranties of any kind regarding the Services or the Supa Serious Property. SUPA SERIOUS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND SUPA SERIOUS PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR SUPA SERIOUS PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SUPA SERIOUS PROPERTY. No advice or information, whether oral or written, obtained by you from Supa Serious or through the Services will create any warranty not expressly stated herein.
PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. SUPA SERIOUS AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF ANY SUPA SERIOUS GAMES, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH PLAYING SUPA SERIOUS GAMES. SUPA SERIOUS AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE SUPA SERIOUS GAMES IS PLAYED. USERS PARTICIPATE IN SUPA SERIOUS GAMES AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SUPA SERIOUS OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR SUPA SERIOUS PROPERTY, EVEN IF SUPA SERIOUS OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF SUPA SERIOUS AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE SUPA SERIOUS PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO SUPA SERIOUS, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.