Terms of Service

Welcome to BackyardScavengerHunt.com ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, digital products, AI-generated content, downloadable materials, scavenger hunt experiences, games, activities, subscriptions, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Services.

1. Acceptance of Terms

By accessing, browsing, downloading, registering for, purchasing from, or using the Services, you acknowledge that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations.

These Terms constitute a legally binding agreement between you and BackyardScavengerHunt.com.

2. Eligibility Requirements

You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account, purchase products, or use the Services independently.

Children may only use the Services under the direct supervision and consent of a parent, legal guardian, teacher, or responsible adult.

By using the Services on behalf of a child, you represent and warrant that you are legally authorized to do so.

3. Parent and Guardian Responsibility

Parents, guardians, educators, and supervising adults are solely responsible for:

• Monitoring children using the Services
• Determining whether activities are age-appropriate
• Supervising all scavenger hunts and outdoor activities
• Evaluating environmental and physical safety conditions
• Ensuring compliance with local laws and safety regulations
• Monitoring children's online activity and interactions

Children must never participate in scavenger hunts or physical activities without responsible adult supervision.

4. Child Safety Rules

User safety is a top priority. By using the Services, you agree to follow all child safety precautions, including but not limited to:

• Maintaining constant adult supervision
• Avoiding unsafe, restricted, or hazardous locations
• Avoiding roadways, construction zones, bodies of water, wildlife areas, and dangerous terrain
• Monitoring weather conditions
• Ensuring safe footwear, hydration, and appropriate outdoor attire
• Avoiding unsafe objects, substances, or materials
• Following local park, HOA, neighborhood, school, and municipal regulations

You acknowledge that the Company cannot monitor real-world activity conditions and is not responsible for user conduct or safety decisions.

5. Outdoor Activity Disclaimer

The Services may encourage physical movement, outdoor exploration, and real-world participation. Participation in these activities involves inherent risks.

The Company is not responsible or liable for:

• Physical injuries
• Falls or collisions
• Allergic reactions
• Choking hazards
• Environmental hazards
• Exposure to plants, insects, animals, or wildlife
• Weather-related incidents
• Sun exposure or dehydration
• Property damage
• Criminal activity by third parties
• Unsafe neighborhood conditions
• Misuse of activity materials
• Accidents occurring during participation

Users voluntarily assume all risks associated with use of the Services.

6. Assumption of Risk

You understand and acknowledge that outdoor activities and physical movement involve inherent risks that cannot be eliminated regardless of precautions.

By using the Services, you voluntarily assume full responsibility for any risks, injuries, losses, damages, or liabilities that may occur.

Participation is entirely voluntary and undertaken at your own risk.

7. Supervision Requirements

Children using the Services must remain under active adult supervision at all times.

The Company does not supervise users and is not responsible for:

• Child supervision
• User behavior
• Real-world interactions
• Environmental conditions
• Emergency response
• Property access permissions

Parents and guardians are solely responsible for determining whether participation is safe and appropriate.

8. Entertainment Purposes Only

The Services are provided solely for entertainment, recreational, and general informational purposes.

The Services do not constitute:

• Medical advice
• Educational certification
• Psychological counseling
• Child development services
• Professional instruction
• Safety guidance
• Legal advice

No professional-client relationship is created through use of the Services.

9. No Guarantee of Results

The Company makes no guarantees regarding:

• Educational outcomes
• Physical fitness benefits
• Family bonding experiences
• Entertainment satisfaction
• Child engagement levels
• Activity effectiveness
• AI-generated accuracy
• Platform availability or uptime

Results and experiences may vary significantly between users.

10. Accuracy Disclaimer

While we strive to provide accurate and engaging content, we do not guarantee that:

• AI-generated scavenger hunts are error-free
• Clues are accurate or complete
• Content is suitable for every child or environment
• Materials are free from inaccuracies or omissions

Users are responsible for reviewing and evaluating all generated content before use.

11. AI-Generated Content Disclaimer

Certain features may utilize artificial intelligence or automated content generation technologies.

AI-generated content may contain:

• Inaccuracies
• Inappropriate suggestions
• Incomplete information
• Repetitive content
• Content unsuitable for specific environments or age groups

Users are solely responsible for reviewing all AI-generated content prior to use with children.

The Company disclaims liability for reliance on AI-generated materials.

12. Digital Product Usage Terms

All digital products, downloads, printable activities, scavenger hunts, templates, graphics, and generated materials are licensed, not sold.

Your license is:

• Limited
• Non-exclusive
• Non-transferable
• Revocable

Unless expressly authorized in writing, you may not:

• Resell content
• Redistribute materials
• Repackage products
• Share downloads publicly
• Copy or scrape content
• Reverse engineer the platform
• Commercially exploit the Services
• Create derivative competing products

13. Intellectual Property Rights

All content on the Services, including but not limited to:

• Logos
• Branding
• Graphics
• Images
• Designs
• AI systems
• Software
• Text
• Videos
• Audio
• Games
• Printable materials
• Databases

is owned by or licensed to the Company and protected under applicable intellectual property laws.

No ownership rights are transferred to users.

14. Copyright and Trademark Protections

BackyardScavengerHunt.com and related branding elements may constitute protected trademarks, trade dress, and proprietary assets.

Unauthorized use is strictly prohibited.

Users may not:

• Use Company branding without permission
• Impersonate the Company
• Copy site structure or functionality
• Use automated scraping systems
• Train AI systems on Company materials without authorization

15. User Conduct Rules

Users agree not to:

• Violate laws or regulations
• Upload harmful or malicious content
• Harass or threaten others
• Attempt unauthorized access
• Interfere with platform functionality
• Introduce malware or viruses
• Exploit vulnerabilities
• Submit false information
• Use the Services for unlawful purposes

We reserve the right to investigate violations and cooperate with law enforcement.

16. User-Generated Content

If users submit reviews, comments, uploads, or other content, they grant the Company a worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute such content.

Users represent that they own or control all rights to submitted content.

We reserve the right to remove content at our sole discretion.

17. Third-Party Links Disclaimer

The Services may contain links to third-party websites or services.

We do not control or endorse third-party content and are not responsible for:

• Third-party policies
• Security practices
• Accuracy
• Products or services
• Availability

Accessing third-party sites is done at your own risk.

18. Device Compatibility Disclaimer

We do not guarantee that the Services will function properly on all:

• Devices
• Browsers
• Operating systems
• Internet connections
• Mobile platforms

The Company is not liable for technical issues, device incompatibility, outages, bugs, interruptions, lost data, or unauthorized access.

19. Account Registration

Certain features may require account registration.

You agree to provide accurate information and maintain account security.

You are responsible for all activities occurring under your account.

We reserve the right to suspend or terminate accounts at our discretion.

20. Subscription Terms

Certain Services may operate on a subscription basis.

By subscribing, you authorize recurring billing according to the selected plan.

Subscription fees may change with prior notice.

Users may cancel subscriptions according to applicable cancellation procedures.

21. Payment Terms

All payments must be made using authorized payment methods.

Prices are subject to change without notice.

Failure to pay may result in suspension or termination of access.

Users are responsible for any applicable taxes, fees, or charges.

22. Billing Authorization and Merchant of Record

By providing payment information, you authorize the Company and its payment providers to charge all applicable fees associated with your purchases or subscriptions.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

As Merchant of Record, Paddle is responsible for processing payments, charging and remitting applicable sales taxes and VAT, issuing invoices and receipts, and handling billing inquiries, refunds, and chargebacks on our behalf.

Paddle's Buyer Terms, available at https://www.paddle.com/legal/checkout-buyer-terms, govern the payment, billing, tax, cancellation, and refund mechanics of your purchase.

23. Refund Policy Reference

Refund eligibility is governed by our separate Refund Policy, incorporated herein by reference.

Because Paddle is the Merchant of Record for our orders, refund requests are processed by Paddle. Buyers may request refunds directly at paddle.net or by contacting our support team.

24. Chargeback Protection

Users agree not to initiate fraudulent chargebacks or payment disputes.

If a chargeback is initiated improperly, we reserve the right to:

• Suspend accounts
• Revoke access
• Pursue collection remedies
• Recover associated fees and damages

25. Limitation of Liability

To the maximum extent permitted by law, the Company and its owners, affiliates, employees, contractors, licensors, and partners shall not be liable for:

• Indirect damages
• Incidental damages
• Consequential damages
• Emotional distress
• Loss of profits
• Loss of data
• Personal injury
• Property damage
• Child supervision incidents
• Outdoor activity injuries
• Service interruptions

Total liability shall not exceed the amount paid by the user to the Company during the preceding twelve (12) months.

26. Release of Claims

You release and discharge the Company from all claims, demands, liabilities, damages, losses, and causes of action arising from use of the Services or participation in activities.

27. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from claims, liabilities, damages, costs, and expenses arising from:

• Your use of the Services
• Violations of these Terms
• Violations of law
• Injuries involving supervised children
• User-generated content
• Unauthorized activities

28. Waiver of Class Actions

You agree that disputes shall be resolved individually and not as part of any class action, consolidated proceeding, or representative action.

29. Arbitration Clause

Any disputes arising under these Terms shall be resolved through binding arbitration in the United States under applicable arbitration rules.

Users waive the right to jury trials except where prohibited by law.

30. Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles.

31. Compliance with Laws

Users agree to comply with all applicable:

• Federal laws
• State laws
• Local regulations
• HOA rules
• Park policies
• Property access restrictions
• Safety regulations

Users are solely responsible for lawful participation.

32. COPPA Compliance

The Company is committed to complying with the Children's Online Privacy Protection Act ("COPPA").

Children under 13 should only use the Services with parental involvement and supervision.

Parents and guardians control any child-related participation or information submissions.

Please review our Privacy Policy for additional information regarding children's privacy protections.

33. Privacy Policy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

34. DMCA and Copyright Complaints

If you believe content infringes your copyright rights, please submit a DMCA notice including:

• Your contact information
• Description of the copyrighted work
• Identification of infringing content
• Good-faith statement
• Signature

DMCA notices may be sent to:

DNO LLC — DMCA Agent, 657 Louisa Ext., North East, MD 21901. Email: johnadiienno@gmail.com.

35. Termination of Service

We reserve the right to suspend, restrict, or terminate access to the Services at any time and for any reason, including violations of these Terms.

Termination may occur without prior notice.

36. Modifications to Terms

We may modify these Terms at any time.

Updated Terms become effective upon posting.

Continued use of the Services constitutes acceptance of revised Terms.

37. Electronic Communications Consent

By using the Services, you consent to receiving electronic communications including:

• Notices
• Updates
• Transactional emails
• Policy updates
• Marketing communications (where permitted)

38. Force Majeure

The Company shall not be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters
• Internet outages
• Cyberattacks
• Government actions
• Utility failures
• Labor disputes
• Pandemics
• Severe weather

39. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.

40. Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between users and the Company regarding the Services.

41. Contact Information

For questions regarding these Terms, please contact:

BackyardScavengerHunt.com — DNO LLC, 657 Louisa Ext., North East, MD 21901. Email: johnadiienno@gmail.com.