SEA&WIN END USER LICENSE AGREEMENT

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1. Terms

Hello from Seattle International Soccer Local Organizing Committee and its application developer Yumebau Inc.! (“Seattle FWC26”, “Yumebau”, collectively the “Owner”, “we”, “us”, “our”) We are the small team of the developers behind the application called SEA&WIN that you are holding in your hands (the “App”)! Our vision is that through this simple App, anyone with a mobile device will be able to find and interact with enriching interactive augmented reality (“AR”) experiences all around them. We are developing our own AR content (“First Party Content”). We are also partnering with museums and companies, as well as individual designers and artists to create Third Party Content for our App (“Third Party Content”). First Party Content and Third-Party Content together, heretofore referred to as Content (“Content”), are downloadable to the App from our App Management System - our cloud-based Content management platform (the “Platform”). Please read these Terms of Service because the Terms govern your use of the App, its Contents and Platform (together with the App and Contents, the “Services”).

By using the Services, you, as the user of our Services (“User”, “you”, “your”), are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Owner reserves the right to modify these Terms at any time. If you continue to use the Services after being modified by the Owner, you are agreeing to the new Terms.

1.1 First Party Content Ownership

SeattleFWC26 exclusively owns all right, title, and interest in and to the Services and First Party Content, including all associated intellectual property rights. The User acknowledges that the Services and First Party Content are protected by copyright, trademark, and other laws of Canada, United States and foreign countries. The User agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or First Party Content.

1.2 Third Party Content Ownership

Owner does not claim ownership rights over Third Party Content. Owner partners and clients exclusively own all right, title, and interest in and to the Third-Party Content, including all associated intellectual property rights. The User acknowledges that the Third-Party Content is protected by copyright, trademark, and other laws of Canada, United States and foreign countries. The User agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Third Party Content and further agrees to comply with the use and licensing restrictions set out in these Terms.

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2. Privacy

Our Services are designed to enable the User to interact with passive AR content as well as interactive AR video game Content in the real world using the Global Positioning System (“GPS”) sensors on the User’s personal mobile devices. We allow Users to access our Content anonymously. Since some of our Contents are gamified, the User’s experience is improved by tracking their game progress and inventory. We do not use or keep any personal information from those 3rd party platforms. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.

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3. Use of the Services

3.1 Safe and Appropriate Use

While you are using the Services, please be aware of your physical surroundings, and play safely. You agree that your use of the Services is solely at your own risk, and that you will not use the Services to violate any applicable laws and regulations.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate content, including data submissions, edits, or removal requests.

3.2 Conduct, General Prohibitions, and Owner’s Enforcement Rights

Owner prohibits any attempts to alter or interfere with the normal behavior or rules of the Service. This may include, but is not limited to any of the following behavior:

accessing our Services in an unauthorized manner (including using modified or unofficial third party software);
using techniques to alter or falsify a device’s location (for example through GPS spoofing);
collecting, storing or sharing any personal information of other users from the Services without Owner’s express permission;
extracting, scraping, or indexing the Services or Content (including information about users or gameplay);
using the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) selling, reselling, or renting the App or your Account;
attempting to access or searching the Services or Content or downloading Content from the Services through the use of any technology or means other than those provided by Owner or other generally available third-party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
bypassing, removing, deactivating, descrambling, or otherwise circumventing any technological measure implemented by Owner or any of Owner’s providers or any other third party (including another user) to protect the Services or Content;
using, displaying, mirroring, or framing the Services or any individual element within the Services, Owner’s names, any SeattleFWC26, FIFA, or Yumebau trademark, logo, or other proprietary information, or the layout and design of any page or App without Owner’s express written consent;
posting, publishing, submitting or transmitting any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
accessing, tampering with, or using nonpublic areas of the Services, Owner’s computer systems, or the technical delivery systems of Owner’s providers;
attempting to probe, scan, or test the vulnerability of any Owner system or network or Service, or breach any security or authentication measures;
using any meta tags or other hidden text or metadata utilizing Owner’s trademark, logo, URL, or product name without Owner’s express written consent.
forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
deleting, obscuring, or in any manner altering any attribution, warning, or link that appears in the Services or the Content; or
violating any applicable law or regulation.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF OWNER’S SITES OR APP, IS A BREACH OF THESE TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

3.3 Your Interactions with Other People

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you hereby agree to release and hold harmless Owner’s and their officers, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.4 Eligibility and Account Registration

If you want to use our Services, you will need access to a supported mobile phone and an Internet connection. We do not support rooted or jailbroken devices. The experience of some of our Content may also require the User to create an account with us (an "Account"). You can create an Account using (a) your pre-existing Google account; (b) your pre-existing Facebook account, or (c) such other third-party accounts that we support, as selected by you on the App account creation screen. You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. Owner takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.

3.5 Account Suspension or Termination

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OWNER DISCLAIMS ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

3.6 Changes, Maintenance and Support

We reserve the right, in our sole discretion, to change, modify, edit, update, substitute, suspend or remove, without notice to you, the App or our website or any Content from time to time. Your access to the App or our website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new functions or services. We will attempt to restore such access as soon as we reasonably can. You acknowledge that we have no obligation to provide any maintenance, updates or support for the App or our website, except where required by applicable law.

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4. Limited License to Use

Subject to your compliance with these Terms, Owner grants you a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to download and install a copy of the App on a mobile device and to run such copy of the App Services to interact with the Content via our Platform solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App, Services, Content, and the Platform ; (b) distribute, transfer, sublicense, lease, lend, or rent the App, Services, Content, and the Platform to any third party; (c) reverse engineer, decompile, or disassemble the App, Services, Content, and the Platform; or (d) make the functionality of the App available to multiple users through any means. Owner reserves all rights in and to the App not expressly granted to you under these Terms.

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5. Third Party Websites or Resources

Services may contain links to third party websites or resources. Owner provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.

Owner is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services and you hereby waive and release Owner and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

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6. General

6.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS,". YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APP AND WEBSITE, INCLUDING ANY CONTENT, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT OWNER DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS (THE “OWNER PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND THE WEBSITE, AND CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING THE APP OR THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, THE APP, THE WEBSITE, THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE APP OR THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET YOUR EXPECTATIONS. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING ON THE APP OR OUR WEBSITE OR YOUR DOWNLOADING OF THE APP OR ANY CONTENT, OR INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE OWNER PARTIES FROM ALL CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE OWNER PARTIES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OWNER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE APP OR THE WEBSITE, CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT ANY EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY DOLLARS ($50) USD.

6.3 Entire Agreement

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between the Owner and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Owner and you regarding the Services and Content.

These Terms are governed and construed in accordance with the laws of the State of Washington and the laws of British Columbia and the federal laws of the United States of America and Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You submit to the exclusive jurisdiction of the courts of the State of Washington, and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service or the use of the App or our website.

Access to the App or our website from locations where the App, our website, or Content is illegal is prohibited. It is your responsibility to determine whether your use of the App or our website is lawful and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of the App or our website or any portion of App or our website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

You represent and warrant that you are not located and will not use the App in a country that is (a) subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. or Canadian Government list of prohibited or restricted parties. You may not export or re-export the App except as authorized by Canadian and United States law and the laws of the jurisdiction(s) in which the App was obtained

6.4 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Owner’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Owner may freely assign or transfer these Terms without restriction and, following such assignment, shall not remain jointly and severally liable under this Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

6.5 Force Majeure

Neither Owner, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

6.6 Contact Information

If you have any questions about these Terms or the Services, please contact Owner at seaandwin@sea2026.org

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