Stumblemap Terms and Conditions

Last Updated: May 28, 2025

Welcome to Stumblemap! These Terms and Conditions (the "Terms") govern your access to and use of the Stumblemap game and related services (collectively, the "Service") provided by Stumblemap ("Stumblemap," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, downloading, installing, accessing, or using the Stumblemap Service, you signify your irrevocable acceptance of these Terms. These Terms constitute a legally binding agreement between you and Stumblemap.

2. Eligibility

You must be at least 13 years of age or the age of digital consent in your jurisdiction, whichever is higher, to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms. Stumblemap does not knowingly collect personal information from children under 13.

3. User Account and Registration

To use certain features of the Service, you may be required to register for an account and provide your email address. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account. Stumblemap cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

4. The Stumblemap Service

Stumblemap is a location-based digital game that utilizes your device's location services. The Service allows you to interact with virtual elements within the real world.

5. Data Collection and Privacy Policy

5.1 Information We Collect:

When you use the Stumblemap Service, we collect the following types of information:

5.2 How We Use Your Information:

We use the information we collect for the following purposes:

5.3 Sharing of Information:

We will not share your personal information with third parties except in the following circumstances:

5.4 Data Retention:

We retain your personal information for as long as necessary to provide the Service, fulfill the purposes outlined in this Privacy Policy, and comply with our legal obligations.

5.5 Your Data Privacy Rights:

Depending on your location, you may have the following rights regarding your personal data:

To exercise any of these rights, please contact us at info@stumblemap.com. We will respond to your request in accordance with applicable data privacy laws.

5.6 International Data Transfers:

Your information may be stored and processed in any country where Stumblemap or its service providers have facilities. By using the Service, you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those of your country. We will take appropriate safeguards to ensure that your data is protected in accordance with these Terms and applicable laws.

5.7 Compliance with Global Data Privacy Laws:

Stumblemap is committed to complying with all applicable global data privacy laws, including but not limited to:

We regularly review our data processing practices to ensure ongoing compliance with evolving global data privacy regulations.

6. Cash and Non-Cash Based Prizes / In-Game Purchases

6.1 Prize Eligibility and Redemption:

Stumblemap may, at its sole discretion, offer cash-based or non-cash-based prizes to users. Eligibility for and redemption of any prizes will be subject to separate terms and conditions that will be clearly communicated at the time of the prize offering. You acknowledge and agree that:

6.2 In-Game Purchases:

Stumblemap may offer in-game purchases, including but not limited to virtual currency, virtual items, or subscriptions. All in-game purchases are final and non-refundable unless otherwise required by applicable law or as expressly stated in the terms for that specific purchase.

7. User Conduct and Responsibilities

You agree to use the Service in a lawful and responsible manner. You agree not to:

8. Disclaimers and Limitation of Liability

8.1 No Warranty:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. STUMBLEMAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. STUMBLEMAP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE.

8.2 No Liability for User Harm or Activity:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUMBLEMAP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STUMBLEMAP IS NOT LIABLE FOR ANY HARM, INJURY, DAMAGE, OR LOSSES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR FINANCIAL LOSS, SUSTAINED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITING THE FOREGOING, ANY INJURIES OR DAMAGES INCURRED WHILE ENGAGING IN ACTIVITIES RELATED TO THE GAME IN THE PHYSICAL WORLD, SUCH AS FALLS, COLLISIONS, OR INTERACTIONS WITH OTHER INDIVIDUALS OR OBJECTS. YOU USE THE SERVICE AT YOUR OWN SOLE RISK AND ARE RESPONSIBLE FOR MAINTAINING AWARENESS OF YOUR SURROUNDINGS AT ALL TIMES WHILE PLAYING THE GAME.

STUMBLEMAP IS NOT LIABLE FOR ANY ILLEGAL OR TRESPASSING ACTIVITIES YOU MAY ENGAGE IN WHILE PLAYING THE GAME. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS AND REGULATIONS, INCLUDING PROPERTY LAWS, AND FOR YOUR OWN SAFETY.

8.3 Limitation of Liability for Prizes and In-Game Purchases:

Notwithstanding anything to the contrary in these Terms, in no event shall Stumblemap's total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Service (whether in contract, tort, including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Service or for any in-game purchases during the twelve (12) months immediately preceding the date of the claim. This limitation applies to prizes and in-game purchases as well.

9. Indemnification

You agree to defend, indemnify, and hold harmless Stumblemap and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your conduct or activities while using the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

10. Modifications to Terms

Stumblemap reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Governing Law and Dispute Resolution

11.1 Governing Law:

These Terms shall be governed and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions. This choice of law does not limit any consumer protection rights that you may have in your jurisdiction.

11.2 Dispute Resolution - Binding Arbitration:

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: You and Stumblemap agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Sydney, Australia, before one arbitrator. The arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this "Dispute Resolution" section.

Waiver of Class Actions: You and Stumblemap agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Stumblemap 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.

Exceptions to Arbitration: Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination for any reason, your right to use the Service will immediately cease.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Stumblemap
contact@stumblemap.com
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