METAARCADE TERMS OF SERVICE
Last Updated: October 9, 2017
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications, and other online products and services (collectively, our “Services”) provided by MetaArcade Inc. (“MetaArcade” or “we”). By clicking “I Accept”, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable End User License Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.
2 USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account (a “User Profile”) or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Services. User Profile’s are not necessary to use the mobile application and this information is not public facing. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 USER CONTENT
Our Services may allow you and other users to create, post, store and share content, including messages, text, and other content or materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and MetaArcade.
You grant MetaArcade a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and profile photo) will be visible to the public.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
5 PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and MetaArcade;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at https://www.metaarcade.com/robots.txt, that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose MetaArcade or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6 MOBILE SERVICES
Unless otherwise specifically stated herein, your access and use of the Services via a mobile device is subject to the terms and conditions of this Agreement and any End User License Agreement applicable to the downloaded version of the Services. If you use or access the Services on a mobile device, you agree that information about your use of the Services through your mobile device and provider or carrier of the mobile services that you usemay be communicated to us, including but not limited to your mobile carrier ("Carrier"), your mobile device, or your physical location By accessing and using the Services using a mobile device, or by using certain mobile features of the Services, such as playing games, or otherwise engaging with the Services, you may incur fees from the Carrier. You are solely responsible for the payment of such fees. In the event you change or deactivate your mobile telephone number, you will update your account information on MetaArcade within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7 VIRTUAL CURRENCY AND VIRTUAL ITEMS
MetaArcade may offer you the ability to: (a) purchase a limited license to use in-game currency (“Purchased Virtual Currency”) and (b) earn a limited license to use in-game currency by viewing advertisements or performing specified tasks in the Services (together with the Purchased Virtual Currency, “Virtual Currency”). If MetaArcade offers the ability to purchase or earn such licenses, MetaArcade hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Virtual Currency, as applicable, for your personal, non-commercial use exclusively in the Services, subject to the terms and conditions of this Agreement and your compliance therewith.
You may only use Virtual Currency in the Services. Virtual Currency may only be redeemed for Virtual Items for use in the Services and are not redeemable for money or monetary value from MetaArcade or any other person or entity, except as otherwise required by applicable law. Virtual Currency do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither MetaArcade nor any other person or entity has any obligation to exchange Virtual Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that MetaArcade may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency and/or Virtual Items at any time, except as prohibited by applicable law.
All purchases of Virtual Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Virtual Currency, MetaArcade does not charge any fees for the access, use, or non-use of Virtual Currency or Virtual Items. If you purchase Virtual Currency through the platform on which you are using the Service, such as the Apple App Store or Google Play, such purchase will be subject to those platforms’ payment terms and conditions and MetaArcade is not a party to the transaction.
MetaArcade, in its sole discretion, may impose limits on the amount of Virtual Currency that may be purchased, earned, or redeemed. Except as otherwise prohibited by applicable law, MetaArcade, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Virtual Currency and/or Virtual Items without notice or liability to you.
You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Virtual Currency or Virtual Items except in the Services and as expressly permitted by MetaArcade. Except as otherwise prohibited by applicable law, MetaArcade reserves and retains all rights, title, and interest in and to the Virtual Currency.
The licenses granted hereunder to Virtual Currency will terminate upon termination of this EULA and as otherwise provided herein.
By making a purchase through the Services, you authorize MetaArcade, or our designated payment processors (such as the iTunes Store or Google Apps store), to charge the account you specify for the purchase amount. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information. You agree to pay all fees and applicable taxes incurred by you or anyone using a User Profile registered to you. All prices we show in the Services are in U.S. dollars and are subject to change without notice. In the event of an error, whether in the Services, in an order confirmation, in processing an order, delivering Virtual Currency or a Virtual Item or otherwise, we may choose either to correct such error and revise your order accordingly if necessary (including charging the correct price or completing your transaction at a later time), or to cancel the order and provide you with a refund. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately at email@example.com so that we may take action to prevent financial loss. You release us from all liability and claims of loss resulting from any error that you do not report to us within 30 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error. MetaArcade reserves the right to make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. If we, in our sole discretion, believe we may prevent a financial loss or a violation of law, we may cancel any transaction, place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment, deactivate your account, or contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments with which you are associated.
9 LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Currency and other content contained therein (collectively, the “MetaArcade Content”) are owned by or licensed to MetaArcade and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, MetaArcade and our licensors reserve all rights in and to our Services and the MetaArcade Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and MetaArcade Content for your own personal use; however, such license is subject to these Terms and does not include any right to: (a) sell, resell or commercially use our Services or MetaArcade Content; (b) copy, reproduce, distribute, publicly perform or publicly display MetaArcade Content, except as expressly permitted by us or our licensors; (c) modify the MetaArcade Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or MetaArcade Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or MetaArcade Content other than for their intended purposes. Any use of our Services or MetaArcade Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
You may, from time to time, provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about MetaArcade or our Services (collectively, “Feedback”). You hereby grant to us an exclusive, royalty-free, irrevocable, perpetual worldwide right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute any such Feedback without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, making, marketing, distributing and selling products and services incorporating such Feedback. We will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and we will have no obligation or liability to you for the use or disclosure of any Feedback. You should not expect any compensation of any kind from us with respect to Feedback. We will exclusively own any improvements or modifications to our Services or any services based on or derived from any Feedback, including all intellectual property rights therein or thereto.
11 COPYRIGHT COMPLAINTS
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify MetaArcade’s Designated Agent as follows:
Designated Agent: David Reid
Address: 3040 78th Avenue SE Suite 916
Mercer Island, WA 98040
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to MetaArcade for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless MetaArcade and each of ourofficers, directors, agents, partners and employees (individually and collectively, the “MetaArcade Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify MetaArcade Parties of any third party Claims, cooperate with MetaArcade Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the MetaArcade Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MetaArcade or the other MetaArcade Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services 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. In addition, MetaArcade does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While MetaArcade attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
14 LIMITATION OF LIABILITY
MetaArcade and the other MetaArcade Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if MetaArcade or the other MetaArcade Parties have been advised of the possibility of such damages.
The total liability of MetaArcade and the other MetaArcade Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of the amount paid, if any, by you to access or use our Services, or Ten Dollars ($10).
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of MetaArcade or the other MetaArcade Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release MetaArcade and the other MetaArcade Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16 TRANSFER AND PROCESSING DATA
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17 DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with MetaArcade and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or MetaArcade seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or MetaArcade seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MetaArcade waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and MetaArcade agree that any dispute arising out of or related to these Terms or our Services is personal to you and MetaArcade and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and MetaArcade agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and MetaArcade agree that for any arbitration you initiate, you will pay the filing fee and MetaArcade will pay the remaining JAMS fees and costs. For any arbitration initiated by MetaArcade, MetaArcade will pay all JAMS fees and costs. You and MetaArcade agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and MetaArcade will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by sending us an email at email@example.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
18 GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
19 CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account, sending a push notification through the application, or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services. If we close your account for a violation of these Terms, your Virtual Currency will be unconditionally forfeited.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and MetaArcade relating to your access to and use of our Services. The failure of MetaArcade to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.