Effective 31 August 2021
Metacore Games Ltd - Terms of Service
Your use of the Services is conditioned on you accepting these Terms.
For United States and Canadian residents, these Terms contain a binding arbitration agreement in Section 10 and a class-action waiver that affects your rights about how to resolve disputes. Except where you opt out, and except for certain types of disputes described in Section 10, you agree that any disputes arising between you and Metacore will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
If you accept these Terms, you affirm that you are at least 13 years old or of the legal age of majority in your country of residence. If you are not, your legal guardian or a other holder of parental responsibility must review and agree to these Terms.
Without affecting Section 10.7 “Amendments to arbitration agreement”, Metacore reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, the Privacy Notice and other relevant Metacore policies at any time by posting the amended terms on the Services. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of Metacore´s Terms, Privacy Notice, or any other Metacore policy, rules or codes of conduct relating to your use of the Services, your right to use the Service shall immediately terminate, and you must stop using the Service.
We reserve the right to stop offering and/or supporting the Services in whole or in part, at which point your right to use the Services or a part thereof will be automatically terminated. In such an event, we are not required to provide refunds or other compensation.
1. Our license to you and ownership of the Services
Subject to your compliance with these Terms, Metacore grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. You do not receive any other license and all other rights are reserved.
The Services and its contents are licensed, not sold.
All rights, title and interest in and to the Services, including copyrights, trademarks, trade secrets, trade names, patents and other proprietary rights are owned by Metacore (including to games, titles, computer code, Virtual Items, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, and gameplay recordings).
2. Purchases and Virtual Items
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. You are responsible for any use of your credit card or other payment instrument or method.
Metacore may license to you certain virtual money or goods to be used within the Services and which you may purchase or which you may earn or redeem via gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
Metacore may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Metacore has no liability to you or any third party in the event that Metacore exercises any such rights. Except where prohibited by applicable law, Metacore is not required to provide you with a refund for any Virtual Items.
Virtual Items are licensed solely for entertainment. Virtual Items do not have an equivalent value in real world money and cannot be exchanged for real money, real goods or real services. Except where expressly authorized within the Services, the transfer of Virtual Items is prohibited, including directly or indirectly via a third party service.
All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Price and availability of Virtual Items are subject to change without notice.
At our discretion we may make it possible for you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Credentials“). You agree that you will not give your Login Credentials to anyone else or allow anyone else to use your Login Credentials or Account. You are solely responsible for maintaining the confidentiality of the Login Credentials, and you are responsible for all uses thereof, including purchases or Virtual Items. We may assume that anyone logging into your Account using your Login Credentials is either you or someone logging in with your permission.
We reserve the right to delete your Account if we do not observe any activity related to the Account for 180 days or more. In such an event, you may no longer be able to access any Virtual Items associated with that Account and no refund will be issued for such Virtual Items.
4. User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through Services, or that other users upload or transmit, including any chat text.
Metacore assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Metacore does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You assume all risks associated with the use of any User Content available in connection with the Service.
At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including chat text) when you are using the Services. By accepting these Terms, you provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including chat text or voice communications.
Metacore reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content.
The Services may include chat and other similar features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. We have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
By transmitting or submitting any User Content while using the Services, you represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is included in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
Metacore does not claim any ownership rights in your User Content. You hereby grant to Metacore a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, make available to the public, commercialize, publish, distribute, sell, license, transfer, lease, transmit, publicly display, publicly perform and otherwise commercially exploit your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. Metacore may authorize others to exercise any of the rights granted to Metacore pursuant to these Terms. You further hereby grant Metacore the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. This grant of license to Metacore survives termination of these Terms.
We have no obligation to monitor or enforce your intellectual property rights in or to your User Content.
5. Unsolicited Materials
Metacore and its affiliated companies and their respective directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (for example game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Materials”). Please do not submit any Unsolicited Materials. However, if you submit Unsolicited Materials, you agree that such Unsolicited Materials will not be treated as confidential, regardless of what you otherwise state in your accompanying message or other documentation. You further agree that such Unsolicited Materials may be used and exploited by Metacore without compensation to you or any third party and you grant Metacore the same license and rights to Unsolicited Materials as specified in these Terms for User Content.
6. Code of Conduct
Without limiting Metacore´s rights specified elsewhere in these Terms, any use of the Service in violation of the Code of Conduct included in this Section 6 is strictly prohibited and can result in the immediate revocation of your limited right and may subject you to legal liability.
You agree that you will not, under any circumstances:
- Engage in any act that we deem to be in conflict with the spirit or intent of the Services or make improper use of the Services.
- Use the Services for commercial purposes.
- Use or take part directly or indirectly in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. This includes manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services.
- Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Metacore.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Metacore employees and player support representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
- Except where expressly authorized by applicable legislation, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services.
- Solicit or attempt to solicit Login Credentials or any other login credentials or personal information from other users of the Services.
- Collect or post anyone's private information, including personal data or personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.
- Use the Services for gambling, betting or any similar activity in which prizes or rewards can be won directly or indirectly, including betting on the outcome of games in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
We reserve the right to determine what conduct we consider to be in violation of this Code of Conduct or otherwise outside the intent or spirit of these Terms or the Services. We reserve the right to take action as a result, which may include prohibiting you from using the Services in whole or in part.
7. Suspension and termination of Services or Account
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof with or without notice to you (i) if you are, or we suspect that you are, failing to comply with these Terms; or (ii) for any actual or suspected illegal or improper use of the Services. You can lose your user name and persona in the Services as a result of account termination or limitation, as well as any benefits, privileges, Virtual Items items associated with your use of the Services, and we are under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the Services and Accounts or portions thereof, and take technical and legal steps to prevent users from accessing the Service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms or policies. We may also, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.
8. Disclaimer of warranties
To the fullest extent permissible under applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Metacore does not warrant that you will be able to access or use the Services at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the Services are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer.
9. Limitation of liability
To the fullest extent permissible under applicable law, Metacore shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or the Services, whether based on contract, tort or any other legal theory, and whether or not Metacore has been advised of the possibility of such damages. To the extent not prohibited by law, Metacore shall not be liable to you for more than the amount you have paid for the Services (including Virtual Items) in accordance with these Terms in the six months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything for the Services (including for Virtual Items) during such a time period, your sole remedy (and Metacore´s exclusive liability) for any dispute with Metacore is to stop using the Services and to cancel your Account (if any).
For purposes of this Section 9 “Limitations of liability,” Metacore´s licensors and other partners are third-party beneficiaries to the specified limitations of liability and may enforce these Terms against you.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from Metacore´s gross negligence or willful misconduct or for death or personal injury arising from any Metacore´s negligence or fraud.
You agree to indemnify, defend and hold Metacore (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
10. Dispute resolution
This Section “Dispute Resolution” constitutes an agreement between us and you. You and Metacore agree that the processes for dispute resolution described in this arbitration agreement will apply to any dispute or claims related to the Terms, the Privacy Notice, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this arbitration agreement.
Sections 10.1 to 10.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.
10.1. Informal dispute resolution
You must try to informally resolve any dispute directly with Metacore for at least 30 days before you start an arbitration. The informal dispute resolution process starts when you give Metacore written notice of the dispute through email@example.com.
10.2. Arbitration agreement
Either you or Metacore may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Metacore brings a claim in court that can be resolved by arbitration as specified in this arbitration agreement, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 10 “Dispute Resolution” is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and Metacore agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Metacore can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Metacore will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
10.3. Arbitration process
The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. If there is a conflict between these Terms and AAA’s rules and procedures, then we will follow these Terms. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Metacore will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in Los Angeles, California, USA or in the county or province where you reside.
10.4. Exceptions to agreement to arbitrate
You and Metacore agree that the arbitration agreement specified in this Section 10 will not apply to the following disputes:
- Claims about Metacore´s intellectual property, such as claims to enforce, protect, or concerning the validity of Metacore´s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
- Claims related to piracy or tortious interference.
- Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
- Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 12 “Venue for Disputes Not Subject to Arbitration”.
10.5. No class actions
You and Metacore agree that we can only bring claims against each other on an individual basis.
- You cannot bring a claim against Metacore as a plaintiff or class member in a class, collective, consolidated, or representative action.
- The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
- The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this Section 10.5 “No class actions” is found to be unenforceable or invalid, then the entirety of Section 10, including Sections 10.1 to 10.6, shall be void.
10.6. Opt-out of arbitration agreement and no class action provisions
You can choose to opt out of and not be bound by the arbitration agreement and no class action provisions above (Sections 10.1 to 10.5) by sending written notice of your decision to opt out to firstname.lastname@example.org with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within 30 days of your first use of the Services or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes. If you opt out of these arbitration provisions, Metacore also will not be bound by them.
10.7. Amendments to arbitration agreement
Metacore will provide 30-days’ notice of any changes to this Section 10 through the Services or via other similar means. Changes to this Section 10 will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
If Metacore amends this Section 10 after the date you first accepted the arbitration agreement in this Section 10 (or accepted any subsequent changes to this Section 10), you may reject any such change to this Section 10 by sending us written notice (by email to email@example.com) with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of the date such change to this Section 10 became effective, as indicated in the “Effective” date above or in the date of our other communication to you notifying you of such change. Your rejection will apply only prospectively and does not have any effect on claims made or for which the circumstances arose prior to your rejection or the changes.
11. Applicable law
If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 10; and (2) any dispute arising out of or related to these Terms, the Privacy Notice, or the Services shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms, the Privacy Notice, or the Services shall be governed by the laws of Finland without regard to conflict of law provisions.
12. Venue for disputes not subject to arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Metacore that is not subject to arbitration under Section 10 must be resolved exclusively by a federal or state court located in Los Angeles county, California.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Metacore must be resolved exclusively by a court located in Helsinki, Finland.
13. General provisions
You and Metacore agree that if any portion of these Terms or of the Privacy Notice is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Metacore may assign or delegate these Terms and/or the Privacy Notice, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without Metacore´s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
13.3. Supplemental policies
Metacore may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
13.4. Entire agreement
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Notice), contain the entire understanding of you and Metacore, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
Any reference to “including” shall be deemed to include “including, without limitation”.
13.5. No waiver
Metacore´s failure to require or enforce strict performance by you of any provision of these Terms or the Privacy Notice or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Metacore´s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Metacore of any provision, condition, or requirement of these Terms or the Privacy Notice shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
We may notify you via postings in the Services, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Privacy Notice shall be in writing and addressed to: Metacore Games Ltd. Attn: Legal, Itämerentori 2, 00180 Helsinki, Finland, with a copy to firstname.lastname@example.org.
13.7. Equitable remedies
You acknowledge that the rights granted and obligations made under these Terms to Metacore are of a unique and irreplaceable nature, the loss of which shall irreparably harm Metacore and which cannot be replaced by monetary damages alone so that Metacore shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 9 (if any).
13.8. Embargo Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13.9. Force majeure
Metacore shall not be liable for any delay or failure to perform resulting from causes outside Metacore´s reasonable control , including any failure to perform hereunder due to unforeseen circumstances or cause beyond Metacore´s control such as acts of God, war, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
14. Additional conditions for Apple devices
If you are accessing or using the Services through an Apple branded device, the following additional terms and conditions are applicable to you. These additional terms and conditions are subject to the Terms, including limitations of liability.
These Terms are entered into between you and Metacore, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below. Metacore, not Apple, is responsible for providing the Services.
The license granted to you in these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third party terms of agreement therein.
Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Services in accordance with these Terms. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
As between Metacore and you, Metacore, and not Apple, is responsible for addressing any claims you may have relating to the Services including: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
If the Services or your use of the Services, infringes on third party intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
Apple and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
When using the Services, you must comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.