Geddit™ Terms of Service

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This is the official Terms of Use Agreement ("Agreement") for the Geddit™ website and interactive service (collectively, all such websites, applications and other interactive services, ("App," "we," "us" or "our"). The Geddit Application (“App”) is owned, operated and/or provided in cooperation or connection within cooperation or connection with the company Geddit AS (“Geddit”), along with its Affiliates and is collectively referred to as Geddit.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THIS APP, YOU ARE ACCEPTING THE TERMS OF USE AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST US, WITH A FEW EXCEPTIONS (FOR EXAMPLE, IF YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE AS DESCRIBED BELOW), YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

This Agreement Covers The Following Areas:

  • Eligibility; Additional Terms; Binding Agreement
  • Registration
  • Modifications to this Agreement.
  • Ownership of Intellectual Property.
  • Advertising.
  • Rules of Conduct.
  • Geddit dollars
  • Marketing and Promotions.
  • Hyperlinks to Third Party Sites.
  • Deactivation/Termination of Your Registration or Use.
  • Disclaimers and Limitations of Liability.
  • Indemnification.
  • Privacy.
  • Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations.
  • Governing Law and Jury Trial Waiver.
  • Miscellaneous Terms.

ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT

You must be at least 18 years of age (“Minimum Age”) or older to use this Geddit advertising website and associated services. You must also be a registered company or organization. If you are not yet the Minimum Age or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using this site and App immediately, because by using or attempting to use this website and services, you certify that you are at least the Minimum Age or other required greater age for certain territories and that you meet any other eligibility requirements of the website and Services, and agree to all of the terms and conditions of this Agreement. These terms and conditions regarding your use of the website constitute a legally binding agreement between you and Geddit. In this Agreement, the term "website" includes all websites and services within or associated with the Geddit. By using this website, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services, which will be presented in conjunction with those products and/or services. The Privacy Policy is hereby incorporated in this Agreement by reference. This Agreement will remain in full force and effect as long as you are a user of the website and, in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, including, but not limited to, the Privacy Policy any indemnifications, warranties and limitations of liability.

This Agreement does not cover your rights or responsibilities with respect to third party content or sites. This is the entire and exclusive Agreement between you and us regarding use of the Geddit website and it cannot be modified, except as specifically described below in Section 3. This Agreement applies regardless of whether you are accessing the website via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered, each a "Device".

It is the customer's full and complete responsibility to ensure that all rights are in place to use text, logos and all other material involved.

Geddit reserves the right to claim that the Geddit App is a "best effort" service and it is the responsibility of users to have mobile, network and other necessary equipment running satisfactorily and that if something does not work satisfactorily, Geddit can never be held responsible for this.

Geddit's customers are responsible for the delivery of the prizes and agreed compensations at the agreed moment. Winners of prizes shall not pay or otherwise be charged for the prize unless otherwise agreed in advance. Geddit disclaims all liability for technical or other circumstances that may result in the activity not being carried out as agreed.

Geddit Dollars is a currency in the Geddit App. When reaching a certain amount of Geddit Dollars, users are entitled to convert the amount to other currencies. The transfer and conversion are only available to users that designate a Paypal account. Within 30 days after claiming transfer and conversion in the Geddit App, the money must be fetched in Paypal. If the user fails to fetch and receive the money in Paypal, the before mentioned amount of Geddit Dollars will expire and be considered as lost.

The Geddit App and solution as a whole is an entertainment product based on best effort deliveries from Geddit AS and partners. Under no circumstance can Geddit and partners be held accountable for interruptions in the service, including but not limited to the client, the servers, the network and any other components connected to the service as a whole.

REGISTRATION

To use this website, you are required to either use a user name and password (together, your "User ID"). We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the website. Please read our Privacy Policy, which provides additional information on options we may provide to use the website and the information we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you. We shall post or display notices of "material" changes on the Geddit homepage and/or otherwise on the App, website and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the website, these changes become effective immediately and, if you use the website after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the terms and conditions of this Agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this App and website, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Geddit, and any of its successors and assigns, and any of its respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable Norwegian, United States of America and other foreign laws, rules and regulations and international treaties. The website is to be used solely for your non-exclusive, non-assignable, non- transferable and limited personal use and for no other purposes. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Geddit or its owner if Geddit is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the website that infringes the copyright rights of others and will disable the access to the website and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

RULES OF CONDUCT

Your use of the website is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur website in, from, through or under your user name or password. You are also prohibited from using the website (or attempting to use the website, or allowing, enabling or condoning others to use the) in a manner that: is or is likely to be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
adversely affects or negatively reflects on us, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or is likely to do so; discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the website, or from advertising, linking or becoming a supplier to us in connection with the website;
violates any laws, rules or regulations, judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
gains or enables unauthorized access to the website or any of its features or functions; modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the website or the use and enjoyment of the website by any other person, firm or enterprise;
collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the website, unless you have obtained express, prior permission of such other person, firm or enterprise to do so;
puts you, or anyone else, in a dangerous situation including operating a motor vehicle while using the app or using the website in any way that is detrimental to safety; or otherwise violates or is inconsistent with this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy.

CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, Geddit and/or their Advertisers, operational service providers and suppliers may conduct promotions on or through the App and website, including, but not limited to special offers, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.

Official Rules Using Geddit As A End-User

Through Geddit you will search for Geddit towers that contain Challenges (competitions) that lead to real rewards. All rewards happen between you as a user and the Partner that sponsor the tower. No other entities such as Apple, Google, network carries or any other third party, are involved in any way, with the contest, the prizes or sweepstakes, and are not to be held responsible for any claims you may have towards receiving your reward(s). Geddit is a best effort and free service.

In the following you will learn about Geddits and the Challenges they contain. All Challenges last between 3 and 65 minutes before a winner is declared. Every Geddit contain a sponsor and a prize. Every prize is given out without hidden cost such as requirement to buy or shipping cost, but may include that you travel to a set destination to pick up your prize.

There are two forms of Geddit Challenges:

  • ”Treasure hunt”; you need to move around within a real-world zone indicated in the client, to search for a hidden treasure which you click to find a Challenge. The first user to complete this Challenge win the prize!
  • “Direct challenge”; you stand still within the vicinity of the tower, click on it to activate, and complete the Challenge(s) that you receive.

Winners are notified immediately through the App when the Geddit ends. This information includes details on how to pick up your prize. Won prizes are listed in the Geddit menu under "Prizes" and have a time-out before which you must claim your prize.

CERTAIN PRODUCTS AND SERVICES

Under no circumstances will Geddit, advertisers, sponsors or affiliates be responsible for any wireless service charges or other charges incurred by you or by a person that has access to your wireless device or Geddit account, telephone number, or email address using any Mobile Application Services.

HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the website or App or associated websites, or any other form of link or re-direction of your connection to, with or through the website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Geddit, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects Personal Information or other information from you, in no event shall we assume or have any responsibility or liability.

DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

You may deactivate your account on the website, at any time and for any reason. We may terminate your use of the website, App and any services, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS WEBSITE AND APP, AND ALL MATERIALS, GOODS AND SERVICES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE APP WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE WEBSITE AND APP.

You understand, acknowledge and agree that, to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the website, including, without limitation, your use of the website.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GEDDIT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. GEDDIT DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that, to the fullest extent permissible by law, your sole and exclusive remedy for any loss or damage shall be limited to having Geddit, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable to refund any monies actually paid by you to Geddit for the goods or services involved and to terminate and discontinue your use of the App. Some jurisdictions do not allow for the exclusion or limitation of certain warranties the or exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this Agreement may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold the Geddit website and App, and any of their successors and assigns, including any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.

Geddit reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Geddit in the defence of any such claim, action, settlement or compromise negotiations, as requested by Geddit

PRIVACY

We respect your privacy and the use and protection of your Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Information in connection with your use of the website.

RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

13.1 Binding Arbitration and Exclusions from Arbitration.
EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 13.4), ANY AND ALL CLAIMS BETWEEN YOU AND GEDDIT WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and Geddit agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or Geddit, except that you and Geddit agree that the following will not be subject to the mandatory arbitration provisions in this Section : (A) any Claim filed by you or Geddit with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, Geddit, or any third party and/or (B) you or Geddit may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in connection with any Claim whereby you or Geddit, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate You and Geddit agree that this Agreement affects interstate commerce, and that the enforceability of this section will be governed by, construed, and enforced, both procedurally and substantively, by the U.S. Arbitration Act for a final and binding determination. This does only apply to U.S. citizens and residents, in addition to citizens of other countries that may submit to similar regulations. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees). “Claim(s)” means any dispute, claim or controversy by or between you and/or Geddit relating to the website, App, Service and/or this Agreement (including, but not limited to, the website or App’s Privacy Policy and all Additional Terms, Rules, regulations, procedures and policies which we refer to in this Agreement), as may be modified from time-to- time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims.

13.2 Informal Dispute Resolution.
Except with respect to Claims described in the Section above, before either you or Geddit pursue or participate in any Claim against the other party in arbitration or court proceedings, you or Geddit must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim.

You may send a written notice of your Claim to Geddit at Geddit AS, Kanalveien 46, 5068 Bergen, Norway, Attn: General Counsel.

Geddit may send written or electronic notice of its Claim to your email address or any physical or other address Geddit has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in this section above, you and Geddit agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and Geddit do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth above.

13.3 Class Action Waiver.
YOU AND GEDDIT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Geddit expressly agree that any Claim is personal to you and Geddit, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in the applicable Section of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in applicable Section of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in the applicable Section of this Agreement), and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and Geddit, then this Agreement to arbitrate will be unenforceable. Neither you nor Geddit consent to class arbitration.

13.4 Right to Opt Out of Mandatory Arbitration and Class Action Waiver.
IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN YOU MUST NOTIFY GEDDIT IN WRITING (THE “Arbitration/Class Action Waiver Opt-Out Notice”), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING

13.5 By participating in one of our activities, competitions or playing on a game in our App, you hereby agree that Geddit may publish your name and / or ID in social media, email, webpage etc. We do this to legitimize and verify that all righteous winners get their prizes.

REQUIREMENTS

  • a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Geddit AS., Attention: Legal Department, Kanalveien 46, 5068 Bergen, Norway.
  • b) Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than 45 days after the date you accept this Agreement for the first time, unless a longer period is required by applicable law.
  • c) Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the Geddit website(s), application(s) or other interactive services(s) along with an identification of the Geddit website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt- Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
  • d) Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
    If If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in this Agreement. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

GOVERNING LAW AND JURY TRIAL WAIVER

This Agreement and your use of the App is governed by, construed and enforced in accordance with the laws of Norway.

You or Geddit shall initiate arbitration in Norway. YOU AND GEDDIT WAIVE ANY RIGHT TO A JURY TRIAL. All meetings will take place in Bergen or Oslo in Norway. If arbitration is not a legal option, the legal venue shall be the Oslo City Court (Oslo Tingrett).

MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Geddit and supersedes any and all prior or inconsistent understandings relating to the App and your use of the App. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action relating to this Agreement or your use of the App, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The section titles in this Agreement are for convenience only and do not have any legal effect.

Last Modified: 16 November 2018