Terms of Use

Reality Gap Terms of Use

 

Welcome to Reality Gap, Inc. (“Reality Gap,” “we,” or “us”). You agree to be bound by the following legally binding terms and conditions (the “Terms of Use” or the “Agreement”), which describes the terms under which Reality Gap offers you access to its services. By accessing Reality Gap and/or any of the games provided by Reality Gap, you are agreeing to abide by this Terms of Use and any policies described in this Terms of Use, including Reality Gap’s Privacy Policy. If you do not agree to this Terms of Use, please discontinue your use of and access to Reality Gap and its related and affiliated sites. Reality Gap reserves the right to amend, change or alter this agreement in its sole discretion; these amendments, changes or alterations will be effective as soon as they are posted at: http://www.realitygap.com/termsofuse/.

In addition, when using services owned and operated by Reality Gap, such as Reality Gap’s Social Networking website, located at http://www.realitygap.com/, you agree to abide by the Terms of Use set forth by those other services, which may be posted from time to time.

1. Reality Gap Services

Reality Gap provides users with access to multi-player online games, including the multi-player online game Battleswarm: Field of Honor and other titles (collectively, the “Reality Gap Games”). In addition, Reality Gap provides users with access to the online environments that support the Reality Gap Games, including, without limitation, servers and software maintained and provided by Reality Gap, software provided by Reality Gap that you download to access and play Reality Gap Games, servers and software provided by Reality Gap for you to access Reality Gap’s in-game fictional currency, known as MetaTIX, and access to the websites and services available from the domain (and subdomains) located at www.realitygap.com (collectively, the “Reality Gap Game Infrastructure”). Together, the Reality Gap Games, the Reality Gap Infrastructure, and other software and servers maintained and controlled by Reality Gap constitute the “Services. ”

2. Eligibility

The use of the Services is void where prohibited. The Services are only available to users age 13 and over. You may not use the Services if you are under the age of 13, and Reality Gap will ask you to confirm that you are over the age of 13 when you register for the Services as set forth below.

3. Establishing a Reality Gap Account – Login Information

Each user may establish one Reality Gap account on the Services (the “Account. ”) Reality Gap requires you to provide us with certain personal information to establish this Account, including an account name and password that will be unique to the Account (collectively, the “Login Information”). The Login Information may not be misleading or infringing. You may not select as your Login Information the name of another person if such selection is deceptive or causes confusion; a name that violates any proprietary right, including copyright or trademark; or any name that Reality Gap determines, in its sole discretion, to be offensive. Violation of this Login Information policy will be grounds to terminate your Account. You may not share your Account or Login Information with anyone. You bear all responsibility for all activities conducted under your Account and/or using your Login Information. Reality Gap and/or its licensees, affiliates, or partners will not be liable in any way for misuse or fraudulent use of your Login Information.

4. Account Transfer Prohibited

You may not transfer your Account to a third party without Reality Gap’s prior written consent. Notwithstanding any representation herein, you agree that you have no ownership or property interest in your Account, and that all rights to your Account are owned by and inure to Reality Gap.

5. Registration Information

In addition to the Login Information, we will ask you to provide true, accurate, current and complete information about yourself as prompted by our registration form (collectively, “the Registration Information”). It is your responsibility to maintain and update the Registration Information to keep it true, accurate, current and complete. By agreeing to this Terms of Use, you are agreeing that Reality Gap and/or its licensees, affiliates, or partners may make inquires that are necessary, in our sole discretion, to verify the Registration Information that you provide. If you misrepresent this Registration Information, or fail to maintain and update this Registration Information, Reality Gap reserves the rights to suspend or cancel your Account without prior notice, and/or to pursue all available legal action against you. Notwithstanding the foregoing, you acknowledge that Reality Gap makes no representation about the truthfulness, accuracy, current nature or completeness of users’ Registration Information. Reality Gap reserves the right to analyze your Registration Information and account activity in accordance with all applicable law and our privacy policy, located at http://www.realitygap.com/privacypolicy/.

6. Account Terminations

You may cancel your Account at any time and for any reason. Please email customerservice@metatix.com to cancel your account. Your Account will be canceled within 24 hours of our receipt of notification of your intent to terminate the Account.

Reality Gap has the right, at any time and for any reason, including your violation of this Terms of Use, or for no reason, to suspend or terminate your Account and/or to refuse to allow you to establish a subsequent Account. Reality Gap may exercise this right with or without prior notice to you. In the event that Reality Gap terminates your Account, you understand and agree that you shall receive no refund or exchange for any MetaTIX that you purchased or received or that are in your Account for any reason.

7. Limitations on Use of the Services

Reality Gap and/or its licensees, affiliates, or partners have the sole the right to host the Reality Gap Games. You agree that you will not: (1) create or provide any software or server emulators that access the Services without Reality Gap’s express permission; (2) charge any third party for access to the Services; (3) modify or cause to be modified any files that are a part of the Services; (4) modify, adapt, reverse engineer, or decompile any Reality Gap source code; or (5) create or use cheats, bots, "mods," and/or hacks, or any other third-party software designed to modify the Reality Gap Games or the Services.

You may not disrupt or assist in the disruption of any other user’s use or enjoyment of the Services. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICES OR UNDERMINE THEIR LEGITIMATE OPERATION IS A VIOLATION OF THIS AGREEMENT AND MAY CAUSE YOUR ACCOUNT TO BE TERMINATED. IN ADDITION, ANY ATTEMPT TO DISRUPT THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

8. Proprietary Rights

The Services may include content created by Reality Gap (the “Reality Gap Content. ”) You have a limited license to display and use the Reality Gap Content solely for your personal use. Your license to display and use the Reality Gap Content is non-exclusive, revocable, and non-sublicensable, and does not extend any software code developed by Reality Gap in conjunction with providing, displaying, or publishing the Services. The names Reality Gap, Battleswarm: Field of Honor, MetaTIX, MetaMinions, and any Reality Gap logos are trademarks of Reality Gap. Reality Gap reserves the exclusive right to create derivative works based on the Services and/or Reality Gap Games.

Reality Gap users may create and submit content within the Services in a variety of forms (collectively, the “Content”). You will retain all applicable copyright and other intellectual property rights in Content that you create. By submitting Content, you grant Reality Gap a limited license to use, delete, modify, supplement, display, reproduce, analyze or distribute such Content on or through the Reality Gap Services in any format and through any media channel. This limited license does not mean Reality Gap may sell or distribute your Content outside the Services. This limited license will operate in accordance with Reality Gap’s privacy policy, located at http://www.metatix.com/privacy/. The license you grant to Reality Gap by accepting this Terms of Use is a non-exclusive, royalty-free, and worldwide.

By agreeing to this Terms of Use, you warrant that you own the Content you submit, and you understand that all Content, aside from the Reality Gap Content, is the responsibility of the user who submitted the Content. You also warrant that the Content you submit does not violate the rights of any third party, including without limitation copyrights, contract rights, trademarks, privacy, publicity rights or any other rights of any entity or person. Furthermore, you agree to pay all fees, royalties or other payment due to any entity or person for any Content that you submit.

The Services also contain Content submitted by other Reality Gap users. You may not copy, publish, broadcast, transmit, distribute, sell, display or otherwise use this Content except as expressly permitted in this Terms of Use.

Reality Gap is not liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted via the Services. You understand that Reality Gap will technically process and transmit Content in providing the Services, including transmitting the Content over various networks and making changes to the Content to adapt to requirements of connecting devices and/or networks.

a. Prohibited Activity and Content

Reality Gap assumes no responsibility for monitoring the Content. Reality Gap reserves the right to reject, refuse to post, or delete Content for any reason, including, without limitation, Reality Gap’s receipt of a complaint that the Content violates this Terms of Use. To report a violation of this Terms of Use, email abuse@realitygap.com. Reality Gap reserves the right to take appropriate action, including immediate termination of the use of the Services and/or legal action, against anyone who, in Reality Gap’s sole discretion, violates this Terms of Use. Prohibited activity and content includes, without limitation:

• Engaging in criminal or tortuous activity, including fraud, trafficking in illegal materials, harassment, breach of contract or fiduciary duty, transmission of viruses, copyright, trademark or patent infringement, spamming, spimming or gambling.
• Interfering with others’ use and enjoyment of the Services.
• Impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or other material containing submitted Content.
• Submitting Content that is, in Reality Gap’s sole discretion, offensive, harassing, harmful, abusive, defamatory, hate speech, sexual or overly violent in nature, or that contains nudity or a link to an adult website, or using any information obtained from the use of the Services to harass, abuse, defame, or harm any other entity or person.
• Submitting Content that creates a privacy or security risk to any person or entity or that includes an image of a person or entity that you have submitted without the consent of that person or entity.
• Submitting Content that involves the transmission of junk mail, chain letters, unsolicited mass mail, or that involves in any way commercial activities, including the sale of any goods or services, without the express written permission of Reality Gap.
• Submitting Content that advertises to or solicits any Reality Gap user without the express written permission of Reality Gap, including Content that solicits any personal identifying information from users that may be used for commercial or unlawful purposes. Reality Gap reserves the rights to restrict communication between users of the Services in the event Reality Gap receives a complaint that any user of the Services is violating this Terms of Use.
• Posting any commercial advertisement or accepting any payment or remuneration from a third party in exchange for your use of the Services in any way, including submitted Content.
• Activity that uses viruses, bots, worms or other code or programs that disrupt, create an undue burden, or limit the functionality in any way of any other computer hardware or software, or that disrupts, creates an undue burden, or limits any computer network, including without limitation Reality Gap’s computer hardware, software, and network.
• Using the Services in any automated way, including to contact other users of the Services.
• Submitting Content that furthers, promotes, or describes criminal activities or enterprises, including without limitation information about violating intellectual property rights, providing or creating computer viruses.
• Impersonating or attempting to impersonate another user of the Services, or using another user’s account, username, or password, or permitting another user to use your own account, username, or password.
• Selling or attempting to sell your rights to use the Services.
• Submitting Content that falsely states or implies that the Content is sponsored or endorsed by Reality Gap.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or their country of residence.

b. Protecting Intellectual Property Including Copyright

Reality Gap will comply with the requirements set forth in the Digital Millennium Copyright Act (“DMCA. ”) Users of the Services my not upload, embed, post, transmit or otherwise publish or display any material that infringes any copyright, trademark, patent, trade secret or any other intellectual property right of any entity or person. Reality Gap reserves the right to end the Services of any user who violates this policy. If you believe your work or the work of third parties has been submitted in violation of this Terms of Use, please send us an email to this address: abuse@realitygap.com, or a written notice by mail to 616 First Avenue, Suite 200, Seattle, WA 98104, that includes the following:

1. Identification of the copyrighted work or works that you claim have been infringed;
2. Identification of the claimed infringing material with enough information included to allow Reality Gap to locate the material on the Services;
3. Information that will allow Reality Gap, if necessary, to contact you, such as a telephone number or email address;
4. A statement that you believe in good faith that the holder of this copyright or these copyrights did not authorize this use;
5. A statement that you make, under penalty of perjury, that states the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. Your physical or electronic signature.

c. Disputes Between Members

Users of the Services are solely responsible for their interactions with other users. Reality Gap reserves the right to intervene in any disputes between users of the Services, but undertakes no obligation to do so.

d. Disclaimers

Reality Gap takes no responsibility for the accuracy or reliability of submitted Content. Content does not reflect Reality Gap’s policies or opinions. Some Content may contain links to other websites; Reality Gap is not responsible for the content on such websites. When you access any third party website through the Services, you do so at your own risk.

9. All Data Maintained by Reality Gap is within Reality Gap’s Sole Control

Any and all information related in any way to your Account, including without limitation your MetaTIX balance and other MetaTIX information, is the sole property of Reality Gap and/or its licensees, affiliates or partners. Reality Gap expressly disclaims any value, cash or otherwise, in this information. Even though you may retain certain intellectual property rights in your submitted Content, you do not own your Account, nor do you have any rights of access to the Services or to any data pertaining in any way to your Account that is stored by Reality Gap and/or its licensees, affiliates, or partners.

10. MetaTIX Defined

MetaTIX are an in-game fictional currency that you may use to prepay for services related only to playing games that: (1) accept MetaTIX; and (2) require you to agree to this Terms of Use prior to play. MetaTIX are not redeemable for any sum of money or monetary value from Reality Gap and/or its licensees, affiliates, or partners. By agreeing to this Terms of Use, you are agreeing that Reality Gap is giving you a limited license to use MetaTIX as set forth only in this Terms of Use.

11. MetaTIX Availability and Eligibility

As with the rest of the Services, the use of MetaTIX is void where prohibited. MetaTIX are only available to users age 13 and over. You may not use MetaTIX or access MetaTIX, including without limitation via www.metatix.com, if you are under the age of 13, and Reality Gap will ask you to confirm that you are over the age of 13 when you register for MetaTIX as set forth below.

Reality Gap provides users with MetaTIX for purchase or free distribution at its sole discretion. In doing so, Reality Gap grants users a limited license right to use MetaTIX as expressly permitted by Reality Gap. As set forth above, MetaTIX are not redeemable for any sum of money or monetary value. While users of the Services may transfer for consideration to another user their licensed right to use MetaTIX in accordance with this Terms of Use, this transference is applicable only within the Services, and does not render MetaTIX redeemable for any sum of money or monetary value. Reality Gap may halt, suspend or reverse any transfer of MetaTIX between any user and any other user. Reality Gap may also deny any users’ attempt to transfer or cause to be transferred any MetaTIX at any time and for any reason, including reasons of price and users’ volume of transfers.

Reality Gap has the sole and absolute right to regulate, control, monitor, cancel, eliminate or otherwise change or alter in any way MetaTIX, and Reality Gap owes you no duty in the exercise of that right, and will not be liable to you in any way for exercising its rights over MetaTIX.

Reality Gap reserves the right to limit your purchase or free distribution of MetaTIX in its sole discretion. In the event you purchase MetaTIX, you agree to the pricing and payment policies as may be set from time to time by Reality Gap and posted on www.metatix.com. These pricing and payment policies may be changed from time to time in Reality Gap’s sole discretion.

You may not assign or transfer your MetaTIX except within games or game systems except those that are: (1) authorized by Reality Gap; and (2) require you to agree to this Terms of Use. Unauthorized assignment or transference of MetaTIX is a violation of this Terms and Use and will subject your Account (as defined below) to immediate cancelation.

12. The Services Available on an “As-Is” Basis

The Services are provided “as-is” and Reality Gap makes no representation of any warranty of fitness for any purpose. Reality Gap and its subsidiaries, affiliates, employees, agents, assigns, successors, and partners expressly disclaim to the extent permitted by law all express, implied, or statutory warranties. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

13. Service Interruptions

Reality Gap may interrupt provision of the Services for scheduled and unscheduled service-related reasons. You agree that Reality Gap will not be liable for any interruption in its provision of the Services, or for any delay in its provision of the Services, and that you will not be entitled to any refund of any fees or monies paid to Reality Gap for any interruption or delay in the provision of the Services.

14. Reality Gap Privacy Policy

Registration Information and certain other information about you is subject to Reality Gap’s Privacy Policy. For more information, see our full Privacy Policy at www.metatix.com/privacy. aspx. You understand that through your use of the Services and your acceptance of this Terms of Use, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer for storage, processing and use by Reality Gap and/or its licensees, affiliates, or partners.

15. Limitation on Liability

IN NO EVENT WILL REALITY GAP BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, ARISING IN ANY WAY FROM YOUR USE OF THE SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES, INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES. IN NO EVENT WILL REALITY GAP’S LIABILITY TO ANY USER OF THE SERVICES EXCEED $500 (FIVE HUNDRED DOLLARS).

16. Disputes.

This Terms of Use is governed by, and construed in accordance with, the laws of the State of Washington without regard to any conflict of law provisions. You and Reality Gap agree to submit to sole jurisdiction in the courts located within the State of Washington to resolve any dispute arising out of your use of the Services or of this Terms of Use. You and Reality Gap both agree that you have knowingly and voluntarily waived your right to a trial by jury in any dispute arising out of this Terms of Use. Both you and Reality Gap agree that Reality Gap may apply for injunctive or other equitable relief in any court of competent jurisdiction.

17. Indemnity

You agree to hold harmless and indemnify Reality Gap and its subsidiaries, licensees, affiliates, employees, agents, assigns, successors, and partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of any kind or nature. In the event such indemnification is necessary, Reality Gap will provide you with written notice of any claim, suit or action.

18. Changes to Terms of Use and Services

Reality Gap reserves the right to modify or terminate this Terms of Use and the Services at any time, with or without prior notice. Any changes to this Terms of Use will be posted on the Reality Gap website, and will be in effect immediately as of their posting. Any features that Reality Gap adds to the Services will be subject to this Terms of Use. If you would like a copy of this Terms of Use, please email us at: customerservice@metatix.com.

19. Miscellaneous Provisions

If for any reason a finder of fact finds any provision or portion of this Terms of Use to be unenforceable, that provision will be severable from the remainder of the provisions, which will be unaffected by that determination and will continue in full force and effect.

This Terms of Use constitutes the entire agreement between you and Reality Gap with respect to your use of the Services, and this Terms of Use replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the Services. Any failure by Reality Gap to enforce any provision of this Terms of Use will not constitute a waiver of that provision.

Reality Gap makes no representation that the Services are available or may be lawfully used in jurisdictions outside of the United States. Those who use the Services in other jurisdictions are solely responsible for compliance with all applicable laws and regulations.

Any and all of Reality Gap’s rights, as set forth in this Terms of Use, may be assigned or transferred to subsequent owners or operators of Reality Gap and/or MetaTIX, including without limitation in conjunction with a merger, acquisition or sale of all or substantially all of Reality Gap’s assets. You may not assign or transfer your rights under this Terms of Use without Reality Gap’s prior written consent.

The section numbers of this Terms of Use are descriptive only, and have no effect upon the interpretation of the content of this Terms of Use.

Except as set forth herein, all notices given by you to Reality Gap shall be sent via first-class mail, or delivered via messenger or courier, to 616 First Avenue, Suite 200, Seattle, WA 98104.