Terms of Use
Last updated on 20th November 2024
Overview
There are guidelines on what you can and cannot do with the Geometa Services, with specific penalties, including potential loss of access to a game and any associated purchases if a player is banned for cheating (see sections 3 and 8 for details).
Some services or products may be released as 'Alpha,' 'Beta,' or 'Early Access' versions, which may include bugs and could require server or progress resets - please refer to section 2.4 for further details.
There are limits on liability and specified methods for resolving disputes (including mandatory arbitration and jury trial waiver for users in the USA) - see sections 8 and 11.
For questions specifically about this Agreement or other legal matters, you may write to us at Geometa, 128 Warwick Street, Leamington, CV32 4QY, United Kingdom.
These Terms of Use ('Agreement') outline your permitted use of Geometa's games, products, websites, and services (defined below).
1. ABOUT THIS AGREEMENT
This is a legally binding contract between you and Geometa Production Ltd, (registered in England, company number 10329770) with an office at 128 Warwick Street, Leamington, CV32 4QY, United Kingdom, as well as Geometa's group of companies ('Geometa').
This Agreement applies to all of our games, websites, software development kits, forums, assets, tools, and any other Geometa products and services, including user accounts, support, wikis, blogs, and social media. Together, these will be referred to as 'Geometa Services'.
By downloading, installing, or using any Geometa Services, you agree to abide by this Agreement. If you do not agree, please do not use Geometa Services.
We may occasionally modify Geometa Services or this Agreement to reflect legal requirements, security issues, technical updates, or changes in business practices. Minor updates are unlikely to impact your use of Geometa Services; however, significant changes will be communicated in advance. In such cases, if you disagree with these changes, you may stop using Geometa Services, and we are available to discuss any necessary next steps.
2. USING GEOMETA SERVICES
Your access to Geometa Services is personal and non-transferable, meaning you cannot give, sell, lend, gift, assign, sub-license, or transfer it to others. We grant you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to display, view, download, install, play, and use Geometa Services on authorized devices/platforms. You are responsible for keeping your account secure.
You must be at least 13 years old to use Geometa Services, though some services may have higher age requirements. If you are between 13 and 18 (or the age of adulthood in your country), please ask a parent or guardian to review this Agreement and supervise your use of Geometa Services.
Some Geometa Services have specific system or connectivity requirements, which are your responsibility to meet before use. For security, Geometa may utilize anti-cheat or background software to enforce these terms. We may also periodically update Geometa Services, which could render older or outdated versions obsolete. When feasible, we will provide advance notice if certain devices/platforms are no longer supported.
Some Geometa Services may be provided before full commercial release for testing and feedback purposes. These versions may include bugs, feature changes, and may require progress resets. Additional requirements may also be applied and will be communicated as needed.
Geometa is not liable for third-party content accessible through Geometa Services (e.g., third-party sites or user generated content), or for third-party platforms (e.g., Steam) that provide access to Geometa Services.
3. RULES FOR USING THE GEOMETA SERVICES
Please follow these rules carefully. A violation may be considered a serious breach of this Agreement, which could result in suspension or termination (either temporary or permanent) of your access to the Geometa Services. The rules are as follows:
You must not use the Geometa Services for any commercial (except standard revenue on video / streaming online platforms such as Youtube and Twitch), or political purposes, except with written permission from Geometa.
You must not attempt to copy, rent, sell, lend, license, distribute, publish, or publicly display any part of the Geometa Services.
You must not modify, merge, distribute, translate, reverse engineer, decompile, or try to obtain or use source code for the Geometa Services unless permitted by applicable law.
You must not hack, disrupt, interfere with, or misuse the Geometa Services, including accounts, software, networks, or other users, community members, or Geometa staff.
You must not create, use, distribute, or make available cheats, exploits, automation software, bots, hacks, scripts, spyware, or other software that interacts with or affects the Geometa Services in any way (except for mods as per the guidelines in section 5).
You must not post any unsolicited messages, advertisements, promotions, or spam through the Geometa Services.
You must not use 'Geometa', the names of any Geometa Services, or other Geometa names, logos, or trademarks for any commercial purpose without permission.
You must not do anything related to the Geometa Services that infringes on any copyright, trademark, patent, trade secret, privacy, publicity, or other legal rights of Geometa or others.
You must not engage in any unlawful, harassing, discriminatory, defamatory, obscene, or otherwise offensive conduct. Geometa reserves the right to monitor the content of messages and prevent usage of chat or other communication systems as necessary.
4. INTELLECTUAL PROPERTY RIGHTS
Geometa owns or holds licenses for all components of the Geometa Services (e.g., visuals, characters, storylines, items, music, graphics, user interface, gameplay mechanics, audio, video, and text, as well as databases and other content). All rights are reserved as per this Agreement.
5. CONTENT, MODS, AND COMMUNITY SERVERS
You own the content you create, including the content created in game, mods created with Geometa tool kits, community websites, etc.
We need specific rights over the content and mods you create, to help us distribute them and share them with other players. You grant Geometa a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, transmit, and publicly display your content in connection with the Geometa Services.
You are responsible for the content you create. This includes the legality of your content, the function, and any third party issues. Be responsible when creating mods and other content. Geometa reserves the right to withdraw permission for modding if necessary.
6. SOFTWARE DEVELOPMENT KITS
You are welcome to use our publicly available software development kits, tools, and assets to create and enhance your experience within our games.
The SDKs, along with any improvements or updates, belong to Geometa. Any mods created using the SDKs belong to you, subject to the guidelines in section 5.
7. FEEDBACK AND SUGGESTIONS
We appreciate feedback and suggestions (thank you!). However, any implementation is at our discretion without liability or obligation.
We welcome your feedback and suggestions. However, whether we choose to use them remains at our sole discretion, without any obligation to compensate or credit you. By submitting any feedback or suggestions, you grant Geometa a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly display, perform, and otherwise exploit the feedback or suggestions for any purpose across all current and future methods of use.
8. LIABILITY
This section details our respective legal responsibilities. It also requests certain protections from you.
8.1 Limitation of Liability (UK, EU)
This subsection applies to users residing in the United Kingdom or the European Union. If you are a resident of the United States or another non-UK/EU location, please refer to section 8.2.
We do not seek to exclude or limit our liability to you where it would be unlawful. This includes liability for:
Death or personal injury resulting from our negligence (or the negligence of our employees, agents, or subcontractors);
Fraud or fraudulent misrepresentation;
Breach of your consumer statutory rights; or
Any liability that cannot legally be excluded.
Our services are intended for personal, non-commercial use. If you use the Geometa Services for business purposes, we are not liable for any business losses, including lost profits, lost opportunities, or interruptions.
In cases where we breach this Agreement, we are liable for foreseeable losses or damages arising as a direct result of the breach or our failure to exercise reasonable care and skill. Loss or damage is considered foreseeable if it is either obvious that it would occur or if, at the time the Agreement was made, both parties anticipated it might happen. We are not responsible for unforeseeable losses or damages.
Should the Geometa Services cause damage to your device or digital content due to our failure to exercise reasonable care, we will repair the damage or offer compensation. However, we are not responsible for avoidable damage if you did not follow our advice to apply a provided update, or if the damage resulted from incorrect installation or not meeting recommended technical specifications.
Subject to section 8.1 above, (i) the total liability of Geometa (and its affiliates) for any issues arising from or related to this Agreement will not exceed the total amount paid by you to us under this Agreement in the twelve (12) months prior to the event giving rise to liability; and (ii) the Geometa Services are provided on an 'as is' basis, without any specific warranties regarding their quality, completeness, or accuracy.
8.2 Limitation of Liability (USA)
This section applies if you are a resident of the USA. If you reside in the UK, EU, or a location prohibiting certain limitations of liability, please refer to section 8.1.
(I) OUR DISCLAIMERS. THE GEOMETA SERVICES (INCLUDING UPDATES) ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. GEOMETA, ITS AFFILIATES, PARTNERS, AND LICENSORS ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM THE USE OR INABILITY TO USE THE GEOMETA SERVICES.
(II) OUR LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU CONCERNING THE GEOMETA SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO GEOMETA (IF ANY) IN CONNECTION WITH THE CLAIMS.
(III) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GEOMETA, ITS AFFILIATES, LICENSORS, AND PARTNERS FROM ALL CLAIMS, LIABILITIES, AND COSTS, INCLUDING LEGAL FEES, RELATED TO ANY BREACH OF THIS AGREEMENT BY YOU. IF ANY CLAIMS ARISE AGAINST US, YOU WILL COOPERATE FULLY WITH US. WE RESERVE THE RIGHT TO TAKE OVER THE DEFENSE, AND YOU AGREE NOT TO SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
(IV) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS OR DAMAGE SUFFERED IS NOT IRREPARABLE, AND THAT MONETARY REMEDIES ARE SUFFICIENT, THEREFORE YOU ARE NOT ENTITLED TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
(V) Residents of California. If you are a California resident, you may contact the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by phone at 916.445.1254. California residents also waive California Civil Code Sec. 1542, which states: 'A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.'
9. TERMINATION
You may terminate this Agreement by ceasing all use of Geometa Services. We retain the right to suspend or terminate (either temporarily or permanently) your access to any or all Geometa Services if you are found in serious breach of this Agreement, such as by cheating in our games.
You may terminate this Agreement at any point by discontinuing use of all Geometa Services permanently. Termination will not impact any pre-existing rights or obligations of either party.
We reserve the right to cancel or suspend your access to any and/or all Geometa Services (including any Virtual Goods) if you are in material breach of this Agreement (e.g., breaking the rules outlined in Section 3 above, or engaging in any other significant breach that could cause harm to Geometa, Geometa Services, or other users). If we terminate or suspend your account under these conditions, we hold no obligations or liabilities to you.
For questions about any game bans or suspensions, you may contact our support team at Geometa Support. We will make reasonable efforts to explain the cause (though we are not obligated to do so) and, if applicable, provide guidance on next steps.
If Geometa decides to permanently discontinue any Geometa Services, we will attempt to provide you with at least sixty (60) days' notice.
10. GOVERNING LAW
Legal questions, complaints, or claims concerning this Agreement are under English law and jurisdiction globally, except for users residing in the USA, who are under California law and jurisdiction.
If you reside in the United Kingdom, European Union, or anywhere else (excluding the USA): We agree that your use of Geometa Services, this Agreement, and any related issues will be governed by and interpreted according to English law, and any disputes will be handled by the courts of England. This does not exclude any legally mandated rights available in your country of residence.
If you reside in the USA: To the extent not covered by the Dispute Resolution and Arbitration language below, we agree that your use of Geometa Services, this Agreement, and any issues related to them will be considered entered into in San Francisco, California, and governed by California law (and, if applicable, US Federal law) without regard to choice of law principles. Legal claims from you against Geometa (to the extent not covered by the Dispute Resolution and Arbitration language below) will be made exclusively in state or federal courts located in San Francisco, California, which hold subject matter jurisdiction, and we both consent to the exclusive jurisdiction of these courts. Additionally, you waive any argument that these courts are an improper venue. In any legal claim under this Agreement, the prevailing side is entitled to their legal fees and expenses.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION
If you have concerns or issues, you can write to us at Geometa, 128 Warwick Street, Leamington, CV32 4QY, United Kingdom. We hope to resolve complaints informally. If we cannot resolve a dispute informally, if you are in the UK or EU, you can pursue legal proceedings against us. If you are in the US, you can commence arbitration through the American Arbitration Association in most cases.
Both parties agree to make reasonable and good faith efforts to resolve any disputes informally. Generally, a 30-day resolution period is suggested unless there are exceptional circumstances. If unresolved, the following steps apply based on your location.
If you reside in the UK, EU, or elsewhere (excluding the USA): You may take legal action against Geometa if necessary. Any claims you bring against Geometa should be sent to Geometa, 128 Warwick Street, Leamington, CV32 4QY, United Kingdom.
IMPORTANT: IF YOU RESIDE IN THE USA, PLEASE REVIEW THE REMAINDER OF SECTION 11, AS IT REQUIRES INDIVIDUAL ARBITRATION FOR DISPUTES.
Dispute resolution next steps for residents of the USA:
(a) Agreement to Arbitrate:
Both parties agree to settle all claims and disputes on an individual basis through binding arbitration, covering any issues related to this Agreement, the relationship between us, or your use of Geometa Services, with exceptions outlined below. The Federal Arbitration Act and federal arbitration law will govern this agreement.
Choosing arbitration means both parties waive the right to have disputes resolved in court before a judge or jury.
Individual Arbitration Only: Arbitration will proceed individually, not as a class, consolidated, or representative arbitration.
(b) How to commence arbitration:
Either party may initiate arbitration by filing an arbitration demand with the American Arbitration Association (AAA) describing the claim and desired remedy. Notice to Geometa should be sent by mail and email. Arbitration may be conducted in San Francisco, California.
(c) Arbitration rules:
The arbitration will follow AAA's Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules, modified by this Agreement. The arbitrator will follow the terms of this Agreement. The arbitration will be conducted in English by a single arbitrator with significant experience in intellectual property and commercial disputes.
For claims of $10,000 or less, Geometa will reimburse your filing fees and share of the arbitration costs, except in cases deemed frivolous. For claims above $10,000, arbitration costs will be split according to AAA rules.
Dispute resolution and arbitration do not apply to claims involving intellectual property rights, unauthorized use, piracy, or misappropriation.
Claims arising out of Geometa Services must be brought within one (1) year; otherwise, they are permanently barred. These provisions survive account termination.
To the fullest extent permitted by applicable law, both parties waive the right to pursue class, representative, or collective actions in connection with Geometa Services. Should this waiver be unenforceable, any collective claim must be resolved in court.
12. OTHER LEGAL MATTERS
This section outlines additional legal rules, for example, that this Agreement is between you and Geometa only, and that we may need to comply with legal enforcement requests.
i. If any portion of this Agreement is legally unenforceable, other parts will remain effective; ii. This Agreement does not confer rights to anyone else; iii. Geometa is subject to various laws and may be required to comply with law enforcement requests; iv. The UN Convention on Contracts for the International Sale of Goods does not apply to Geometa Services or this Agreement; v. Geometa may assign, subcontract, or transfer this Agreement to another party for support, reorganization, merger, or other business reasons without impacting your rights, or with your consent if required; vi. Delay or failure to exercise any right under this Agreement does not constitute a waiver of that or any other rights, nor does it prevent further exercise of any rights; and vii. This Agreement does not establish an exclusive relationship, partnership, joint venture, employment, or agency between us.