Last Revised: February 23, 2025
INTRODUCTION
TROSC Media Kft, (“The City Challenge“, “we“, “our“, or “us“) provides the online platform located at https://thecitychallenge.com/, including all of its webpages and subpages (the “Website“). Through our website (our “Platform“) we offer subscriptions and one-time purchases to access our games, scavenger hunts, location based activities (our “Content“) and our other materials to Platform users like you. These Terms of Service (these “Terms“) are a legal agreement between you and The City Challenge governing your access to and use of the Platform. For information regarding how The City Challenge uses your information, please see our Privacy Policy.
By creating an account, viewing content, making a purchase from the website, or otherwise using or visiting this website, you agree to be bound by these terms. If you do not agree to these terms, you may not access or use the platform.
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the European Union or other applicable jurisdictions. To register an Account with The City Challenge, you must be 18 years or over. If you are between the ages of 16 and 18, you will only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Platform by individuals under the age of 16 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms.
1. Accounts and Registration.
You may be required to create a The City Challenge user account (your “Account“) in order to access and use certain features of the Platform. To do so, you must provide an email address and a valid payment method. You may log into your Account to use the Platform using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to The City Challenge about yourself upon registration of your Account, and at all other times, will be correct, current, and complete, and you further agree that you will maintain and promptly update such information to ensure that it remains correct, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. The City Challenge reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify The City Challenge immediately at hello@thecitychallenge.com. The City Challenge is not liable for any loss or damage arising from your failure to comply with the above requirements.
2. Permitted Purpose.
Subject to these Terms, The City Challenge grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to (a) access and view Content and other materials within the Platform solely for non-commercial purposes (the “Permitted Purpose“); and (b) make purchases from The City Challenges’s online store located at https://thecitychallenge.com/ (the “Store“).
3. Limitations.
You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Platform, and you agree not to engage in any unacceptable uses of the Platform. In connection with your access to or use of the Platform, you shall not: (a) share your Account information with another person or otherwise permit another person to access the Platform through your Account; (b) impersonate any person or entity, including, but not limited to, The City Challenge personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) act in a manner that negatively affects the ability of other users to access or use the Platform; (d) take any action that imposes an unreasonable or disproportionately heavy load on the Platform or its infrastructure; (e) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (f) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Platform or substantially download, reproduce or archive any portion of the Platform; (g) access the Platform in order to build a similar or competitive service; (h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Platform, including, but not limited to, your Account and password; or (i) violate any applicable local, state, provincial, federal or international law or regulation.
4. Pricing and Payment.
4.1. Product Purchase. By purchasing any product(s), you gain access to the content and materials associated with it as described on our website at the time of purchase. All sales are one-time purchases, and no recurring fees or subscriptions apply unless explicitly stated otherwise. The City Challenge reserves the right to modify pricing, features, contents or availability of the Product at any time. However, such changes will not affect purchases that have already been completed. Taxes, including VAT (value-added tax), sales tax, or other applicable taxes, may be applied based on your location and will be clearly stated at checkout. Prices and other terms of purchase are subject to change. If we provide you access to any Content on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. The City Challenge may change its subscription models and pricing at any time.
4.2. Billing and Payment. The City Challenge will bill your designated payment method for all fees. You will provide The City Challenge with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, we reserve the right to terminate your use of, or access to, the Platform in addition to seeking any other legal remedies. The City Challenge is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by The City Challenge. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in euros (€) unless otherwise stated and are due as set forth on the Platform. Currency conversion fees may apply depending on your bank or payment provider.
5. Online Store.
5.1. Product Descriptions and Availability. Through the Store, you can purchase games (“Products“). All features, content, specifications, and prices of Products described or depicted on this Platform are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of Products. The inclusion of any Products on this Platform at a time does not imply or warrant that these Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Platform.
5.2. Payment. We accept payment through those methods identified on the Platform. By placing an order, you represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including handling charges if applicable and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order. If the billing information you provide is false or fraudulent, we reserve the right to terminate your use of, or access to, the Platform, in addition to seeking any other legal remedies.
5.3. Ordering. Your order is an offer from you to us to buy the Product(s) in your online cart. After you place an order, you will receive an email from us confirming we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched or provided access to your Product(s). At this point, a contract for the purchase and sale of such Product(s) is formed between us. When we acknowledge your order, we will provide you an order number which can be used to contact us for customer support.
5.4. Shipment and Delivery.
a. The risk of loss for Products purchased from us passes to you upon delivery of the Products to the carrier. The estimated delivery for the Products will depend on the delivery method you select during the order process. If you are buying Products during promotional periods, the delivery of such Products may be delayed. If delivery of the Products to you is delayed by an event outside our control (e.g., because of postal delays, logistics or bad weather), The City Challenge will email you to let you know as soon as practicable. The City Challenge has no liability for losses or claims resulting from Product delivery delays.
5.5. Refunds. Except as specified otherwise, you shall have thirty (30) days from the date of purchase to apply for a full refund for any reason for The City Challenge.
5.6. Conditions of Sale. We reserve the right to limit, in our sole discretion, the quantities of any Product that may be purchased on a per person or per order basis. In the unlikely event that we are unable to fulfill your order (for example, if we have been unable to verify your billing information), we will notify you by email and we will not charge you for the relevant Product(s). Products are for your personal use only. By placing an order, you represent and warrant that you are buying Products from the Store for your own personal or household use only, and not for resale or export. We may cancel your order or your Account if we suspect that you are exploiting the Products for any unauthorized commercial, business, or resale purpose.
6. Third parties; Advertisers.
6.1. Third Party Sites. The Platform may contain links to other websites operated by third parties (“Third Party Sites“). Such Third Party Sites are not under our control. The City Challenge provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites may be subject to separate terms and conditions and is at your own risk.
6.2. Advertisers and Marketers. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Platform, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that The City Challenge shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.
7. Suspension and Termination.
The City Challenge reserves the right to suspend or terminate your Account and your access to and use of the Platform, at any time, without notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that The City Challenge shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
8. Ownership and Intellectual Property.
8.1. Rights in the Platform. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Platform are owned by The City Challenge and our affiliates, licensors, and vendors. Your access to or use of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
8.2. Rights and Licenses to the Content. We may allow you to “download” Content to read or use offline, but you are not permitted to save that Content anywhere outside of the Platform. You may not copy, duplicate, distribute, modify, publicly display, download, republish, store, send, or create derivate works from any material on the Platform, including without limitation any Content, without The City Challenge’s written consent. You must have a license from us before you can post or redistribute any portion of the Platform.
8.3. Rights and Licenses to the Platform. The City Challenge retains full and complete title to all Content, including any downloadable software and all data that accompanies it. You may not modify the Platform, create derivative works of the Platform, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection the Platform.
8.4. Termination of Rights and Licenses. You may use the Platform only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform after any termination or expiration of your agreement to these Terms for any reason.
9. Disclaimers of Warranty.
The platform is provided on an “as is” and “as available” basis and without warranties of any kind. We expressly disclaim all warranties, whether express or implied, with respect to the platform, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information given by the city challenge, its employees or affiliates shall create a warranty.
We makes no warranty that access to the content will be uninterrupted, timely, secure or error free, that the content is free of viruses or other harmful components, that the content will be available, or that data will be secure from unauthorized access.
10. Indemnity.
You shall indemnify, defend, and hold us and our affiliates, and each of our officers, directors, employees, agents, partners, and licensors harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) violation of these Terms or any law or regulation; (b) violation of any applicable law or regulation; or (c) violation of any rights of another party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The City Challenge, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without The City Challenge’s prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Limitation of Liability.
To the fullest extent permitted by applicable law, you agree that under no circumstances shall The City Challenge, its affiliates, and all releasees be liable to you for any indirect, incidental, special, consequential, or exemplary damages—including, without limitation, damages for loss of profits, use, images, data, or other intangibles arising from your use or inability to use the Platform, any changes to the platform, unauthorized access to or alteration of your transmissions, or your participation in any Adventures (described below) activity; you acknowledge that down-time and computer viruses are inherent risks in the use of the internet and software products, and you assume responsibility for any harm or damages resulting from these risks. If you are dissatisfied with the platform or these terms, or believe that The City Challenge has breached these terms, your sole and exclusive remedy is to discontinue using the platform, and City Challenge’s total liability to you for any claim arising from or relating to these terms or your use of the platform shall not exceed the greater of (a) the total amount of mony received by The City Challenge from you, (b) €35, or (c) the amount paid by you for the platform during the twelve months preceding the event giving rise to the liability; it is intended that this provision be construed as the broadest limitation of liability permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you, and nothing in these terms shall attempt to exclude liability that cannot be excluded under applicable law; furthermore, without limiting the foregoing, The City Challenge will not be responsible for (A) your participation in any Adventures activity, (B) personal injury, (C) death, (D) property loss, theft, or damage, (E) any medical costs of any kind whatsoever, and/or (F) any other damages, losses, claims, or liabilities arising from your participation in any Adventures activity.
12. Specific conditions.
12.1 General Rights. You, the consumer and end-user of this product, including every other user and participant with whom you may engage in our games: The Budapest Game (“Adventures”), agree to comply with all laws while participating in any Adventures related activities. By engaging in Adventures activities, you are waiving important legal rights, and you should not engage in any Adventures activities unless you agree to fully abide by all terms herein.
12.2 Waiving Legal Rights. You understand that engaging in Adventures activities inherently involves risks and may result in personal or bodily injury and other social and economic losses associated therewith. Further, there may be other risks not known and not reasonably foreseeable at this time. You are aware of the potential risks associated with these actions, which include the possibility of serious injury and/or death. You hereby assume full responsibility and voluntarily assume all risk for all damages, injuries, and losses that you and any other party with whom you may engage in the use of this product, may sustain or incur in connection with or relating to engaging in Adventures activities.
12.3 Release And Waiver. in consideration of being allowed to purchase and play Adventures, you, the purchaser, end-user, and every other user or participant in Adventures activities hereby fully and completely RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE TROSC Media Kft, the creator of this product, together with its affiliated entities and its and their respective owners, officers, members, employees, agents, contractors, and representatives (collectively, the “Releasees”), from any liability for all claims, demands, losses, expenses or damages on account of damage to property or physical injury caused or alleged to be caused in whole or in part by participating in any Adventures activities, including, without limitation, any liabilities, claims, actions, or damages caused by the alleged or actual negligence of any of the Releasees, or errors or omissions, breach of any express or implied warranties, the action or inaction of any of the Releasees, or otherwise.
12.4 Indemnification. You further agree that if you, or anyone on your behalf, or any other party with whom you have voluntarily engaged in Adventures activities, makes a claim against one of the Releasees as a result of any activities relating to the use of the Adventures product(s), YOU SHALL INDEMNIFY, REIMBURSE, and FOREVER HOLD HARMLESS the Releasees from all injuries, costs, damages, causes of action, claims and any consequential and incidental damages, including attorney’s fees, arising out of or resulting from any injury, death, or damage to property which you or any other user with whom you engage in any Adventures activities may sustain or cause as a result of your/their use of any TROSC Media Kft. games and/or any other products.
13. General.
13.1. Modification. The City Challenge may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Platform after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Platform after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Platform.
13.2. Restricted Users. You may not create an Account if you are a member of a terror or hate group.
13.3. Governing Law. These Terms shall be governed by the laws of Hungary without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
13.4. Dispute Resolution. If you believe that The City Challenge has not adhered to these Terms, please contact us by e-mail at hello@thecitychallenge.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
a. If you and us are unable to reach a resolution to the dispute, you and The City Challenge will settle the dispute exclusively under the rules of the Hungarian Chamber of Commerce and Industry (MKIK). Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and the city challenge agree that any arbitration will be limited to the dispute between us and you individually. You acknowledge and agree that you and the city challenge are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
b. Further, unless both you and The City Challenge otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
c. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
d. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.
e. You have a limited right to opt out of this arbitration obligation. If you are a new user, you can opt out of this arbitration obligation within 30 days of first accepting these Terms. If you are an existing user, you can opt out within 30 days after the Last Revised date of these Terms. To opt out, you must send a timely email to hello@thecitychallenge.com with your information and a request to opt out of these arbitration terms. If you validly opt out, you will not need to keep opting out when these Terms are updated, and your initial opt out request will continue to be honored.
13.5. Compliance with Laws. You acknowledge that the Platform is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to you is your sole responsibility. The City Challenge is not responsible for enabling your compliance with any such law, rule, or regulation or for your failure to comply. You represent and warrant to The City Challenge that your use of and access to the Platform will comply with all applicable laws, rules, and regulations and will not cause The City Challenge or any of its affiliates, licensors, or vendors to violate any applicable laws, rules, and regulations.
13.6. International Use. The City Challenge controls and operates the Platform from Hungary. The City Challenge does not represent that the Platform or any materials on the Platform are appropriate or available for use in other locations outside of the European Union. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Platform.
13.7. Survivability. Sections 3, 8, 9, 10, 11, 12, and 13 will survive any expiration or termination of these Terms.
13.8. Contradictions. If any discrepancies arise, Section 12 shall be regarded as the guiding principle.