Terms of Service

Welcome to SideQuest! These Terms of Service ("Terms") govern your access to and use of the SideQuest mobile application (the "App"), our website at playsidequest.com (the "Site"), and any other products and services offered by SideQuest, LLC (collectively, the "Services"). Please read these Terms carefully.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

1. Who May Use the Services

You must be 13 years of age or older to use our Services. If you are under 18, you must have your parent or legal guardian's permission to use our Services and to accept these Terms. By using our Services, you represent that you meet these requirements.

2. Your Account

To access some features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials. You are responsible for all activities that occur under your account, whether or not you authorized the activity. You agree to immediately notify SideQuest, LLC of any unauthorized access to or use of your account.

We reserve the right to disable any user account at any time, including if we believe you have violated these Terms or if we determine, in our sole discretion, that your use of the Services poses a risk to the Services or other users.

3. User Content

3.1 Ownership

The Services may allow you to create, post, upload, share, or store content, including text, graphics, photos, videos, or other materials ("User Content"). SideQuest, LLC does not claim ownership of your User Content. However, by creating or sharing User Content, you grant SideQuest, LLC a non-exclusive, royalty-free, worldwide, fully-paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating and providing the Services.

3.2 Your Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorize SideQuest, LLC to use your User Content as described in these Terms;
• Your User Content does not infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and
• Your User Content complies with these Terms and all applicable laws.

4. Prohibited Uses

In connection with your use of the Services, you agree not to:

• Violate any applicable law, contract, intellectual property right, or other third-party right;
• Engage in any harassing, threatening, intimidating, spamming, or stalking conduct;
• Use or attempt to use another user's account without authorization;
• Impersonate any person or entity;
• Sell, resell, or commercially use our Services;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services other than for their intended purpose or in any manner that could disable, overburden, damage, or impair the Services;
• Use any robot, spider, crawler, scraper, or other automated means to access our Services;
• Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the servers on which our Services are stored, or any server, computer, or database connected to our Services;
• Attack our Services via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of our Services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their content, features, and functionality are owned by SideQuest, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, SideQuest, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use.

5.2 Feedback

If you provide any feedback or suggestions about our Services ("Feedback"), you hereby assign to SideQuest, LLC all rights in the Feedback and agree that SideQuest, LLC shall have the right to use the Feedback and related information in any manner it deems appropriate without any obligation to you.

5.3 Third-Party Content

The Services may contain links to third-party websites, resources, and services. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that SideQuest, LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

6. Termination

We may terminate or suspend your access to all or part of the Services, including by terminating or suspending your account, at any time, with or without notice, which may result in the forfeiture and destruction of all information associated with your account, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us at support@playsidequest.com. Upon termination, your right to use the Services will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive.

7. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SIDEQUEST, LLC DOES NOT GUARANTEE THAT THE SERVICES: (A) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) WILL BE FREE OF DEFECTS, ERRORS, OR VIRUSES; OR (C) WILL MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIDEQUEST, LLC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIDEQUEST, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL SIDEQUEST, LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID SIDEQUEST, LLC IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to defend, indemnify, and hold harmless SideQuest, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

11. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

12. Entire Agreement

These Terms, our Privacy Policy, and any other terms and policies referenced herein constitute the sole and entire agreement between you and SideQuest, LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

13. Contact Us

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

SideQuest, LLC
Email: support@playsidequest.com