Metagigs Terms of Use
Effective Date: July 30, 2024
Last Updated: July 30, 2024
IMPORTANT NOTICE: Metagigs is currently in technology preview (alpha) and is not in full production mode. Software and process bugs and missing or broken functionality is to be expected. While in this stage, MINORS ARE NOT ALLOWED TO USE THE METAGIGS PLATFORM. We will remove this notice and make an announcement once this restriction is lifted.
Introduction
Welcome to Metagigs, where helping each other inside your favorite virtual communities is the rule!
Metagigs (“Metagigs”, “we,” or “us”) offers the Metagigs website (www.metagigs.gg) and its related platform (collectively, “Platform”) and various other features and services, including without limitation websites, applications, forums, content, functionality, products, and services (together with the Platform, “Services”) to allow users (“Users”, “your” or “you”) to help each other, create, connect, and play together.
By accepting these Metagigs Terms of Use (“Metagigs Terms”, “User Terms” or “Terms”), you also agree to be bound by the following:
a) Metagigs Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used.
b) Metagigs Community Standards, which explains the conduct standards expected from Users, and outlines behavior prohibited on the Services.
c) For U.S. Users, Metagigs’s Arbitration Agreement (Section 13), which outlines how disputes between you and Metagigs will be resolved. Specifically, these Metagigs Terms contain A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.
PLEASE READ THE METAGIGS TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND METAGIGS. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THE METAGIGS TERMS. IF YOU DO NOT AGREE TO THE METAGIGS TERMS, YOU MUST NOT USE THE SERVICES.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THE METAGIGS TERMS. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE METAGIGS TERMS AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.
The Metagigs Terms are subject to change. To the extent required by applicable law, Metagigs will provide User with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by Metagigs) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the “Last Updated” date listed atop this page. Your continued use of the Services after the Last Updated date constitutes your acceptance and agreement to such changes.
The Metagigs Terms consist of the following:
a) These Terms of Use. These Terms of Use apply to any person who accesses the Services.
b) Metagigs Community Standards. The Metagigs Community Standards apply to all Users and outline the types of behavior that are acceptable and prohibited when using the Services.
c) Metagigs Privacy & Cookie Policy. The Metagigs Privacy & Cookie Policy outlines information that Metagigs collects during your use of the Services, how we protect that information, and how that information may be used.
Plus certain other additional terms (“Additional Terms”), which may be applicable depending on your use of the Services and may require separate consent. These include but are not limited to:
d) MPEX Terms. The MPEX Terms apply to any User who has applied and been accepted to the Metagigs Professional Exchange Program (“MPEX Program”).
e) Experience Terms. The terms of use of third-party Experiences that participate in the Metagigs Economy.
1) Definitions.
a) “User Generated Content” (or “UGC”) is content of any kind or nature, whether material, assets, or otherwise, that Users create, upload to, submit, publish, display, transmit or otherwise generate through or make available on the Services (“Publish”).
b) “Gigs” (or “Assignments”) are tasks to be carried out or undertaken.
c) “Orders” are the agreements between users for the performance of a Gig.
d) “Buyers” are Users who create Orders on the Platform.
e) “Sellers” are Users who volunteer themselves to fulfill Orders on the Platform.
f) “Kiosks” are virtual marketplaces where qualified Buyers and Sellers can create and accept Orders for specific Gigs.
g) “Experiences” are digital experiences that contain Kiosks and that allow Users to enter and interact with those Kiosks, including the creation and acceptance of Orders. Experiences include, as an example and without limitation, video games, apps, virtual reality environments, metaverses, etc. In addition to the Metagigs Terms, Experiences may establish their own rules and regulations for Users to access and operate any Kiosk included within the Experience.
2) User Accounts; Access to Services.
a) Creating an Account.
To access certain elements and functionality of the Services, you will need to create a Metagigs account (“Account”). To create an Account, you will be asked to provide username, date of birth, and method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. You agree that all information provided to Metagigs will be true, accurate, and up to date. Metagigs reserves the right to take steps to ensure that any information you provide to Metagigs in connection with your Account is accurate.
b) Securing an Account.
You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username and password, including on third-party identity providers). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor User).
c) Account Responsibilities and Prohibitions.
In registering for an Account, you agree to provide us with accurate, complete and updated information regarding your personal details, and update such details as required, without undue delay. You may not create a false identity on Metagigs, misrepresent your identity, create a Metagigs profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information. In addition, you must not create an Account for fraudulent or misleading purposes. You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling your Account or your access credentials to another User is strictly prohibited. Similarly, purchasing another User’s Account or access credentials is strictly prohibited. We are not liable for any acts or omissions by you in connection with your Account.
d) Compromised Accounts.
If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify Metagigs immediately by contacting us at support@metagigs.gg. If another User asks for your password or any personal information, you should report them immediately by contacting us at support@metagigs.gg
e) Suspension or Termination of an Account.
If you violate these User Terms or any of the Metagigs Terms, including the Metagigs Community Standards, Metagigs reserves the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Services, including by suspending or terminating any alternate account(s) you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services, including without limitation Metagigs Tokens, Experience access, in-Experience Items, and other virtual items. Metagigs may also terminate your Account if Metagigs determines, in its sole discretion, you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act (“DMCA”). A Guardian of a Minor User may request that Metagigs terminate their Account by contacting us at support@metagigs.gg
f) Notification and Appeal.
If, pursuant to a violation of the Metagigs Terms or in response to law enforcement or other legal request, Metagigs (i) suspends or terminates your Account or access to the Services or (ii) removes Metagigs Tokens, UGC, or other content that you have on the Services, Metagigs may notify you, and may provide you an opportunity to request a review of Metagigs’s decision (“Appeal”). To begin the Appeal process, contact us at support@metagigs.gg
g) Access to Services.
Metagigs reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with laws, to protect Users, or to protect Metagigs’s reputation, without notice to you unless required by law and without liability to Users.
3) The Metagigs Tokens
a) The Metagigs economy is based on two tokens: MetaCredits (“MCs”) and Pro ProCoins (“PCs”), each a “Token” and collectively the “Tokens”.
b) The Metagigs Tokens are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Except as otherwise outlined in the MPEX Terms with respect to Users who have applied and been accepted to the MPEX program, Tokens cannot be redeemed for any fiat currency, and Metagigs is not obligated to exchange a User’s Tokens for anything else of value.
c) Limited License to Use Tokens. Tokens have no equivalent value in real currency. Your acquisition of Tokens only entitles you to receive a limited, non-transferable, revocable license to use the Tokens (i) in connection with the Services, (ii) for your personal entertainment only, and (iii) in the ways permitted by Metagigs under the applicable Metagigs Terms. Your limited license to use the Tokens may end if (i) you violate the Metagigs Terms, (ii) your Account is suspended or terminated, or (iii) these User Terms or the Services are terminated.
d) You may not use, acquire, or distribute Metagigs Tokens except through the Services and except as expressly allowed by Metagigs under these Metagigs Terms. Any attempt to do so constitutes a violation of the Metagigs Terms, will render the transaction void, and may result in the immediate suspension or termination of your Account and your license to use the Metagigs Tokens. Metagigs does not recognize or take responsibility for third-party services that allow Users to sell, transfer, purchase, or otherwise use Metagigs Tokens, and any such use by a User is a violation of the Metagigs Terms. Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in real-money transactions on the Services.
e) Metagigs Tokens Are Subject to Change. Metagigs, in its sole discretion, may implement changes to the Tokens at any time. This may include, without limitation, limiting the number of Tokens a User may acquire or modifying the exchange ratios among Tokens. Except for the limited licenses granted to you under the Metagigs Terms, Metagigs has and retains all rights in and to the Tokens. This includes the right to modify, revoke, or terminate your license to use the Tokens without notice, payment, or liability to you. Metagigs makes no guarantees or warranties regarding the Tokens or their availability or value.
f) Acquisition and use of MetaCredits.
i) Acquisition: A User may acquire MetaCredits by (a) purchasing or otherwise receiving MetaCredits from Metagigs; (b) purchasing a MetaCredit Premium subscription (“Premium” as more fully described in Section (iii) below) that includes a certain stipend of MetaCredits each month; or (c) other means that Metagigs may introduce.
ii) MetaCredits Are Non-Refundable. Except as required by law, all payments for MetaCredits are final and not refundable. Only Users who have reached the age of majority in their jurisdiction or state of residence may purchase MetaCredits.
iii) Premium. MetaCredit Premium is a renewing subscription that provides Users with certain additional benefits on the Services (such as the ability to engage with exclusive Kiosks or Pros, or to receive exclusive content during the fulfillment of an Order). When you purchase a subscription to Premium, you agree that your subscription service will automatically renew and that Metagigs, through its payment provider, is authorized to charge your payment method accordingly until you cancel the subscription. We will notify you of any price increase or change to the subscription terms (such notification may be via any reasonable means). You may cancel Premium at any time by following the instructions on the Platform. If you cancel Premium, you can still enjoy the benefits for the period of time for which you have already paid. Premium subscriptions are non-refundable and non-transferable.
iv) Use of MetaCredits: MetaCredits can be used to create Orders on the Platform (see the Metagigs Economy on Section 4)
g) Acquisition and use of ProCoins.
i) Acquisition: A User may earn ProCoins by (a) successfully fulfilling an Order created by a Buyer or otherwise receiving ProCoins from Metagigs; or (b) other means that Metagigs may introduce.
ii) Use: A User may use ProCoins:
(1) To purchase virtual currency within Experiences.
(2) To purchase a Metagigs Pro Subscription (“Pro Subscription”) as more fully described in Section (iii) below.
(3) To purchase exclusive virtual items within Experiences (provided that you have a valid and active Pro Subscription).
(4) To exchange ProCoins for real money as per the terms of our MPEX program.
(5) Any other use of ProCoins that Metagigs may introduce.
iii) Pro Subscription. Is a renewing subscription that provides Users with certain additional benefits on the Services (such as the ability to apply to our MPEX program and purchase exclusive virtual items in Experiences). When you purchase a Pro Subscription, you agree that your subscription service will automatically renew and that Metagigs, through its payment provider, is authorized to charge your payment method accordingly until you cancel the subscription. We will notify you of any price increase or change to the subscription terms (such notification may be via any reasonable means). You may cancel your Pro Subscription at any time by following the instructions on the Platform. If you cancel your Pro Subscription, you can still enjoy the benefits for the period of time for which you have already paid. Pro Subscriptions are non-refundable and non-transferable.
4) The Metagigs Economy.
a) Overview
i) Sellers offer to carry out Gigs on behalf of Buyers inside Experiences. Sellers determine the reward they want for carrying out Gigs.
ii) When Buyers choose to engage with Sellers, Metagigs collects reward amounts from Buyers in advance (plus extra fees).
iii) Sellers receive their rewards after successful Gig completion.
iv) Metagigs and Experiences may receive platform fees for each Gig completed successfully.
b) Experiences and Metagigs
i) Experiences, through their Kiosks, determine the exact nature of the Gigs to be carried out by Sellers whenever Buyers create Orders. Generally, but not necessarily, Orders will be fulfilled inside the same Experience in which they were created. For example, without limitation, an Order created on a Kiosk inside a specific video game will generally be fulfilled inside the same video game.
ii) Experiences may, at their discretion, determine the requirements Users must meet in order to access and operate its Kiosks (“Experience Requirements”). Any Experience Requirements will be in addition to any requirements set forth by the Metagigs Terms.
iii) Experiences receive a reward for Orders created through their Kiosks. This reward is not to exceed 15% of the total Order amount. Likewise, Metagigs will also receive a reward for Orders created on the Platform which may not exceed 15% of the total Order amount.
c) Buyers
i) Only registered Users may create Orders on Metagigs.
ii) Buyers may, at their discretion, enter a Kiosk and create an Order by using their available MetaCredits balance.
iii) The total amount of MetaCredits required to create the Order will be dynamically calculated by the Platform based on a series of factors including, without limitation, the amount of the reward requested by the Seller, any rewards for the Experience and/or the Platform, the current or expected market conditions and fluctuations, promotions and incentives, etc. The amount of MetaCredits will be clearly displayed to the Buyer before creating the Order.
iv) When a Buyer spends MetaCredits to create an Order, the MetaCredits are collected through the Services and immediately deducted from the Buyer’s account balance. All such transfers are final and, unless otherwise permitted by Metagigs through its policies or practices, non-refundable and non-reversible.
v) Creating Orders is solely for your personal entertainment, and, except as otherwise stated in any Additional Terms, as applicable, it does not create any legally enforceable contract between (i) you and Metagigs, (ii) you and any Seller, or (iii) you and any Experience. Orders have no real world equivalent value and you do not acquire any enforceable property rights in and to any Orders based on any transaction on the Services.
d) Sellers
i) Only registered Sellers may fulfill Orders on Metagigs.
ii) Sellers may, at their discretion, enter a Kiosk and offer their availability to fulfill Orders on behalf of Buyers.
iii) Sellers determine, at their discretion, the reward they want to receive for their successful fulfillment of an Order.
iv) Sellers determine (and receive) rewards in ProPoints.
v) Sellers must fulfill their Orders, and may not cancel Orders on a regular basis or without cause. Cancelling Orders will affect Sellers’ reputation.
vi) Metagigs allows Sellers to earn rewards by personally fulfilling Orders on the Services while in compliance with the Metagigs Terms and any applicable Additional Terms. ProPoints acquired in any other way are not valid. Metagigs may remove any ProPoints earned through a violation of the Metagigs Terms or any applicable Additional Terms.
vii) Accepting Orders. Metagigs allows Sellers to accept Orders from a Buyer subject to the following:
(1) Reward Allocation Roles: There are four roles involved in the creation of an Order on the Services. Each role may be entitled to a reward (in ProPoints) generated from an applicable Order (“Reward Allocation”): (a) Buyer: The Buyer is the User that creates the Order; (b) Seller: The Seller is the User that agrees to personally fulfill the Order; (c) Kiosk Owner: The Experience that owns the Kiosk where the Order was created; and (d) Platform: The Platform is always Metagigs.
(2) Changes to Reward Allocation. Metagigs and Experiences may, at any time upon notice to User (via any reasonable means), (a) change the Reward Allocation and/or (b) introduce features allowing certain elements of the Reward Allocation to be customized by those involved in a given Order.
(3) Seller Responsibility for Orders. Seller acknowledges that Metagigs may, on Seller’s behalf, display Seller’s availability to fulfill Orders to other Users on the Services. When a Seller receives a reward in connection with an Order from a Buyer through the Services, the transaction is between the Seller and the Buyer; Metagigs only facilitates by providing the Services. If, in connection with a Dispute, Metagigs returns MetaCredits or real money to a User for any Order for which a Seller received ProPoints, Metagigs reserves the right to deduct or withhold an equivalent amount of ProPoints from such Seller.
viii) Metagigs Professional Exchange Program. Metagigs allows certain Sellers who satisfy specific criteria to participate in the Metagigs Professional Exchange Program (“MPEX Program”). Subject to certain requirements, policies and limitations that Metagigs establishes in its sole discretion, Sellers participating in the MPEX Program may exchange ProPoints for real currency based on an exchange rate determined by Metagigs, in its sole discretion (the exchange rate and the general requirements, policies, and limitations of the MPEX Program are published here (“MPEX Terms”).
ix) Disclaimer. Developing a substantial stream of incoming Orders from Buyers is difficult and can take a lot of time and effort. Metagigs makes no promises that a Seller will be successful in developing a large audience of Buyers or that the time, effort, and expense that a Seller spends developing, advertising, or obtaining Order-related skills, or fulfilling Orders will be financially successful.
e) Reviews
i) Reviews provided by Buyers and Sellers are an essential part of Metagigs's rating system.
ii) After an Order is completed, Buyer will have the opportunity to rate and review the Seller and Seller will have the opportunity to rate and review the Buyer.
iii) Reviews will not be removed unless there are clear violations of our Terms.
iv) To prevent any misuse of our review system, all reviews must come from legitimate and eligible Orders. Purchases arranged, as determined by Metagigs, to artificially enhance Seller ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.
v) Withholding the delivery of services required to complete the Order with the intent to gain favorable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
vi) Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.
f) General
i) Users may not offer or accept payments using any method other than placing an Order through the Platform.
ii) Metagigs retains the right to use all data related to or obtained in connection with an Order including, without limitation, its fulfillment.
iii) Removal of Content. Metagigs has the right, in its sole discretion, to suspend the availability of, or remove from the Services, any content (including without limitation Kiosks and Orders) without advance notice. Metagigs shall not be liable to any User or Experience for any losses you may experience because of such suspension or removal, and Metagigs is not required to refund any MetaCredits or other Tokens that a User has spent on already-completed Orders for a removed or suspended content, except where legally required.
5) Payments and Refunds.
a) General.
Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as purchasing MetaCredits, Metagigs Premium, or Pro Subscriptions (collectively “Metagigs Products”).
b) User Responsibilities.
When purchasing Metagigs Products you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Additional Terms and that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify Metagigs as soon as possible by contacting us at support@metagigs.gg.
Metagigs reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase any Metagigs Products, and/or the creation of Orders. (See Chargeback Policy below.)
c) Chargeback Policy.
If you notice charges on your credit/debit card, PayPal, Google Play or other accounts that you did not authorize, please contact us at support@metagigs.gg before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, Metagigs cannot issue a refund due to prohibitions under the payment provider’s dispute process. Metagigs reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Metagigs Products, and/or the creation of Orders.
6) Intellectual Property.
a) Metagigs IP.
The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof, (“Metagigs Intellectual Property” or “Metagigs IP”) are protected by law and the Metagigs Terms. All Metagigs IP is the property of Metagigs and Metagigs’s licensors. Metagigs IP includes all UGC licensed to Metagigs by Users under the UGC License terms. Except as allowed in the Metagigs Terms and any applicable Additional Terms, you may not use any Metagigs IP contained in the Services unless you obtain separate permission in each instance from the owner. Metagigs reserves all rights in/to the Metagigs IP not granted in these Metagigs Terms or elsewhere in Additional Terms.
7) UGC
The Services contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) UGC on the Services. You are responsible for any and all UGC you Publish on the Services.
a) Ownership of UGC.
Subject to the rights and licenses User grants Metagigs in these Terms (and any applicable Additional Terms), as between User and Metagigs, User retains all copyrights that User may hold in any UGC that User has ever created or will create (whether alone or with others) and Publishes or makes available on the Services (excluding any non-UGC Metagigs IP that may be contained therein).
b) UGC Restrictions.
Any UGC You Publish on the Services must comply with the Metagigs Terms, including the Metagigs Community Standards, and must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
c) Non Confidential; Non Proprietary.
Except as otherwise described in Metagigs’s Privacy Policy or any applicable Additional Terms, you agree any UGC that you Publish will be considered non-confidential and non-proprietary.
d) Metagigs License to UGC (“UGC License”).
In consideration for the use of the Services and User’s potential to earn ProPoints rewards, User grants Metagigs a perpetual, worldwide, non-exclusive, irrevocable, and royalty-free right and license (with the right to sublicense to any person or entity, including without limitation other Users) to host, use, copy, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, in any media, and use for any business purpose related to the Services (including in connection with operating, providing, publicizing, or improving the Services or Metagigs, including without limitation, in connection with the training of machine learning and related models) any UGC, in whole or in part (including any incorporated or associated trademarks and underlying scripts), that User Publishes or makes available on or through the Services. However, Metagigs will only share personal information that you provide in accordance with our Privacy Policy. Metagigs’s rights under this UGC License shall expressly survive if User's Account is terminated due to User's breach or violation of these Terms or any applicable Additional Terms.
e) Deleting or Updating UGC.
User retains the right to delete or update UGC at any time and at User’s discretion (and User will delete or update such content if required by law or if requested by Metagigs), provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Terms or termination or suspension of User’s Account, Metagigs’s right to use any UGC or other content that is already in use by Metagigs pursuant to a license or otherwise in accordance with these Metagigs Terms shall continue in perpetuity.
f) No Compensation; No Attribution; No Obligation to Use.
Other than the potential to earn ProPoints rewards, Metagigs is not required to give User any attribution or compensation for any reason nor is Metagigs required to use the license User grants in this Section or exploit any of the rights granted herein.
g) Representations and Warranties.
You represent and warrant that, at the time of Publishing UGC, (i) the UGC is accurate and not fraudulent or deceptive; (ii) you own or otherwise control all the rights in/to the UGC; (iii) you have the necessary rights and permissions to grant Metagigs the aforementioned rights and license; (iv) the UGC, and our use of it, does not and will not require Metagigs to get licenses from, pay compensation, or provide attribution to any third parties; (v) does not and will not result in a breach of contract between User and a third party; or (vi) cause Metagigs to violate any law or regulation; and (vii) the UGC does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity.
h) No guarantee.
You understand that Metagigs cannot guarantee that in certain situations, UGC that you Publish or make available on or through the Services will not be copied or used by other Users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability.
i) No Responsibility; No Liability; No Obligation to Remove.
You understand that Metagigs takes no responsibility and assumes no liability for any UGC Published by you or any third party. Metagigs has the right but not the obligation to monitor, modify, or remove any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.
j) Through-to-the-Audience Rights.
The rights User grants in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won’t have separate liability to User or anyone else for UGC that User has made available on the Services or used on Third-Party Services via Metagigs’s Services.
k) Authorization to Publish UGC to Services.
User must not Publish or otherwise make any UGC available on the Services if User is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting User’s obligations under these Terms (and all other obligations set forth in the Metagigs Terms), User agrees to pay all amounts owed to any person as a result of User Publishing or making UGC available on the Services.
l) Suspension of UGC Availability.
Metagigs may, in its sole discretion, suspend availability of or delete any UGC or other content on the Services at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services or if Metagigs determines in its sole discretion that such UGC does or may cause harm to Users, the Services, or to Metagigs’s reputation. Metagigs is and shall be under no obligation of any kind to User for suspending any UGC in accordance with this Section.
m) Limitations on Use of UGC.
Notwithstanding User’s ownership of UGC as set forth above and without limiting any other limitations set forth herein, User shall in no event use User’s UGC (in any medium or format, including on or off the Services): (a) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by Metagigs in its sole discretion); (b) in connection with false, defamatory, libelous or slanderous statements concerning Metagigs; or (c) in a manner that is intended or reasonably likely to suggest or imply that User is affiliated with Metagigs or that Metagigs endorses User or its use of the applicable UGC.
n) Copyright Infringement / Digital Millennium Copyright Act (DMCA).
i) Notice. We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights, you may submit a notice pursuant to the DMCA by contacting us at support@metagigs.gg or by mail at Att: Metagigs Inc, 3581 E Glencoe St, Unit 308, Miami FL 33133-4032. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative. Your notice must include the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(2) A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
(3) A description of the material that you claim is infringing and where it is located;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.
ii) Counter-Notice. If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to us by email at support@metagigs.gg or mail at Att: Metagigs Inc, 3581 E Glencoe St, Unit 308, Miami FL 33133-4032. Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.
o) Trademark Infringement.
If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Services infringes upon your registered trademark(s), please submit a trademark infringement notice to us by email at support@metagigs.gg or mail at Att: Metagigs Inc, 3581 E Glencoe St, Unit 308, Miami FL 33133-4032. When you contact us, please provide the following information in your notice:
i) An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
ii) A description of the trademark right that you claim has been infringed, including the country in which the trademark is registered and the registration number, if applicable;
iii) A description of the content that you claim is infringing and where it is located;
iv) Your address, telephone number, and email address;
v) A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and
vi) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.
Note that Metagigs is not in a position to mediate disputes between Users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement. Note that for the purpose of a trademark infringement report you must be the owner of a registered trademark or their agent, pending trademark applications are not sufficient.
p) Repeat Infringer Policy.
Metagigs’s intellectual property policy is to: (i) remove or disable access to content that Metagigs knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and, (ii) in appropriate circumstances, to suspend the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third-parties.
q) Feedback.
Any feedback, comments, or suggestions you may provide regarding or relating to the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
8) Online Safety
Metagigs cares about the safety of its Users. If you see any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact us at support@metagigs.gg to immediately report the User and situation.
a) Community Standards.
To keep its Users safe, Metagigs has created certain Community Standards to outline how Users should behave on the Services and what conduct is and isn’t allowed on the Services. These Community Standards, which are incorporated into these Terms, may be found here. Any violation of the Community Standards is considered a violation of the Metagigs Terms and may result in Account suspension or termination.
b) Parental Controls.
The Metagigs Community is made up of Users of all ages. We work hard to create a safe and fun environment for all. To help foster this community, we provide Users and their parents/guardians with numerous safety features and controls.
9) Privacy
a) Your Data.
Data that you provide to Metagigs through the Services is subject to the Metagigs Privacy Policy, incorporated by reference herein.
b) Order Fulfillment Data.
For each Order created, accepted, or fulfilled by or for a User, and subject to the provisions of the Metagigs Privacy Policy, User and Metagigs shall both have the right to use data related to or obtained in connection with that Order for their respective legitimate business purposes to support the Platform and for business analytics, such as: (i) for the improvement and development of the Platform; (ii) to comply with applicable laws (including law enforcement requests); (iii) to ensure the security of the Platform; and, (iv) to prevent fraud or mitigate risk. User agrees that, except as expressly set forth in these Terms, User will not use or disclose any User data to any third party.
c) User Personal Information.
If and to the extent a User receives any User personal information (“User PII”) from another User, User will not use User PII (i) to provide services to any third party; (ii) to build, help build, track or supplement any segments, profiles, or similar records on any individual User, device, or browser across the Services or any third party websites or platforms; (iii) to associate the behavior of any individual device or browser with any segment, profile, or similar record, or supplement any such record based on data of Users; (iv) to associate any data of Users with any other personal information of the User; or (v) for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose. Additionally, User shall be prohibited from selling, disclosing, sharing, renting, leasing, syndicating, modifying, reverse engineering, decompiling, lending, or otherwise altering any User PII.
d) California Consumer Privacy Act.
User shall not knowingly sell any “personal information” (as that term is defined by the California Consumer Privacy Act of 2018, as amended) belonging to a User, and both Metagigs and User have taken and will continue to take all reasonable measures to protect such personal information under their control or in their possession from unauthorized access by third parties.
10) License to and Restriction of Services
a) License to the Services.
Subject to your compliance with these User Terms or any Metagigs Terms, Metagigs grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal, entertainment use, including and solely in connection with the Services, the right to download and use software that Metagigs makes available for download as part of the Services, in object code form only.
b) Restrictions of Use.
In addition to any other restrictions set forth in the Metagigs Terms or any Additional Terms, Users may not (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology; (c) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (e) use the Services to create malicious or abusive content (as determined by Metagigs in its sole discretion) or any content that violates these Metagigs Terms, Additional Terms, guidelines, or policies; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
11) Third-Party Services.
a) Third-Party Services.
Some parts of the Services may include or make available content, experiences, tools, or other materials, from third parties (people or companies other than Metagigs) (“Third-Party Services”). Depending on a User’s age, this could include links to other websites, features that let a User link their User Accounts to other accounts (like Facebook), or third-party buttons (e.g., “like” or “share”). As described in this Section, Metagigs neither controls nor takes responsibility for any Third-Party Services, including without limitation how a third party may collect, use, or store User information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by Metagigs. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services.
b) Disclaimer.
You understand that by using the Services, you may come across Third-Party Services that (i) may be considered offensive, or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended; may contain viruses, malware, or other harmful code; and/or (vi) may not be available in all countries or languages. You agree to use the Services at your own risk. User acknowledges and agrees that Metagigs is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. Metagigs does not warrant or endorse any Third-Party Services. You further agree that Metagigs will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain as a result of using, or your inability to use, such Third-Party Services.
c) Notices.
i) Apple. If a User is using the Metagigs mobile application (“App”) on an iOS device, User also acknowledges and agrees to the terms of this Section. The Metagigs Terms are between User and Metagigs only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet the applicable warranty, User may notify Apple, and Apple will refund any applicable purchase price for the App to User. Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by User or any third party relating to the Services or User’s use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or User’s use of the App infringe that third party’s intellectual property rights. User agrees to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of the Metagigs Terms, and when User accepts the Metagigs Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Metagigs Terms against User as a third-party beneficiary. User hereby represents and warrants that (a) User is 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 (b) User is not listed on any U.S. Government list of prohibited or restricted parties.
12) Dispute Resolution Between Users.
a) Issues with fulfilment of Orders or with UGC.
Sellers are responsible for handling all issues, including User complaints, relating to their fulfillment of Orders, and other UGC Published on the Services in a quick and professional manner.
b) Dispute Resolution.
If a Buyer has an issue with a Seller regarding an Order (including fulfilment of the Order), Buyer must first contact the Seller directly to resolve the issue. If a Seller has a dispute with another Seller or a Buyer, prior to commencing any litigation, Seller must first engage in a mediation with a recognized mediator or mediation service to try and amicably resolve the dispute. Such mediation requirement does not apply to disputes related to intellectual property takedown reports submitted under Section 7 of these Terms. Metagigs reserves the right, in its sole discretion, to resolve any dispute between Sellers or between Sellers and Buyers. Such resolution may result in suspension of Seller’s Account and/or any other action permitted by law, including but not limited to the recovery of civil or criminal penalties.
c) Escalation to Metagigs.
While Metagigs is not responsible for the actions of Users, Metagigs wants to make sure that everyone enjoys the Services. Accordingly, Metagigs has the right (but not the obligation) to intervene in issues between Users to try to help resolve them. Before escalating any such issues to Metagigs, Users should first make a real, genuine effort to work out a resolution amongst themselves. If such attempt is unsuccessful, User may escalate the issue to Metagig’s Customer Service Team by contacting us at support@metagigs.gg. If Metagigs chooses to intervene or take action in any dispute between Users, Users agree that Metagigs’s decision (which may include deducting ProPoints from the Seller and crediting MetaCredits to the Buyer) is final, and Users will accept that decision. Users agree to work with Metagigs in a timely manner to resolve all such issues, and acknowledges that failure to do so shall be a violation of the Metagigs Terms.
d) Return of ProPoints.
If a Seller has received ProPoints in connection with fulfilling an Order and, pursuant to a User complaint regarding that Order, Metagigs returns MetaCredits to the Buyer, Metagigs has the right to deduct or withhold an equivalent amount of ProPoints from such Seller.
13) Dispute Resolution Between Users and Metagigs; Arbitration Agreement; Class Action Waiver.
Except as otherwise permitted in the Metagigs Terms, you agree that any dispute, claim, or controversy you may have with Metagigs arising under or relating in any way to the Metagigs Terms or the Services (“Dispute”) will be governed and resolved through the Mandatory Informal Dispute Resolution (“MIDR”) process (as outlined below).
FOR U.S. RESIDENTS ONLY: If the MIDR process has been completed but the Dispute remains unresolved, you agree that such Dispute will be determined through binding arbitration (as outlined below) and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with Metagigs, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Services, or their officers, directors, employees, agents, or successors. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR ANY DISPUTES SUBJECT TO THE ARBITRATION PROVISION BELOW.
a) Mandatory Informal Dispute Resolution.
We hope there’s never a Dispute between us. but if there is, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that—before either of us may commence an arbitration or assert any claim in court, except as set forth paragraph (vi) below, —we will engage in the following MIDR process:
i) Notice. To initiate the MIDR process, the party with a Dispute must first give written notice to the other party.
(1) To notify Metagigs, you must send written notice to Att: Metagigs Inc, 3581 E Glencoe St, Unit 308, Miami FL 33133-4032 by certified U.S. Mail or by Federal Express (or international equivalent), providing: (a) the User’s full name, Metagigs username, and any email or billing address associated with the User’s Metagigs Account; (b) the name and contact information of the User’s counsel, if User is represented by counsel; (c) a brief description of the User’s Dispute and the resolution requested; and (d) the ticket or case number provided by Metagigs Support to track previous attempts to resolve the Dispute, if there is one.
(2) To notify a User, Metagigs will send a written notice to the email address or billing address that you provided to Metagigs (or, if none is provided, through the messaging system on the Metagigs Service); that notice will include (a) the name and contact information of Metagigs’s counsel; and (b) a brief description of Metagigs’s Dispute and the resolution requested.
ii) Process. Both parties will then engage in the MIDR process. The MIDR process requires conferring in writing—or, if requested by either party, via teleconference or videoconference—in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate.
iii) Confidentiality. All offers, promises, conduct, and statements made in the course of the MIDR process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the MIDR process.
iv) Timing. The MIDR process shall occur within sixty (60) days of receipt of the written notice described in subsection i above, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis (for example, a preliminary injunction or temporary restraining order), the MIDR process with respect to that relief shall occur within three (3) business days of receipt of the written notice described in subsection i above, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
v) MIDR Is a Mandatory Prerequisite to Arbitration or Litigation. If, after participating in the MIDR process, we have been unable to resolve the Dispute, either party may commence an arbitration (or litigation, if the claim falls within an exception to the Arbitration Agreement (as defined below)). However, if we have not engaged in the MIDR process as set forth in this section, the Dispute may not be submitted to arbitration, nor may a claim be filed in court, until the MIDR process occurs. User and Metagigs understand and agree that any Dispute that has not first been subject to MIDR:
(1) Shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure 11(b); further, the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this Section 11.a; and
(2) Shall be subject to dismissal if asserted in court.
vi) Exceptions. If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secrets rights, the User and Metagigs are not required to participate in the MIDR process set forth in this section.
b) Arbitration Agreement.
THE FOLLOWING APPLIES TO U.S. USERS ONLY. If there is a Dispute between us, and we’re unable to resolve it through the MIDR process described in subsection a. above, this subsection explains in detail the process for resolving that Dispute. Please read this section carefully; it’s important.
i) ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THE METAGIGS TERMS, USER AND METAGIGS AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH MIDR , WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH HEREIN, RATHER THAN IN COURT. USER AND METAGIGS THEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT USER AND METAGIGS MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION.
This arbitration agreement and class action waiver (“Arbitration Agreement”) applies to all Users who are United States residents and, except as provided below, to all Disputes—regardless of (a) the legal theories involved in the Dispute, (b) when the Dispute arose, and (c) whether the Dispute is with Metagigs, with Metagigs’s subsidiaries, affiliates, or parent company, or with any suppliers or service providers involved with the Services (including any officers, directors, employees, agents, or successors).
ii) Federal Arbitration Act; Interpretation; and Enforcement. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, User and Metagigs each agree that the Metagigs Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
iii) Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief and statutory damages) and must follow the Metagigs Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
iv) Arbitration Proceedings and Rules. Arbitrations will be administered by FedArb in accordance with FedArb’s Expedited Arbitration Rules and (if applicable) Framework for Mass Arbitration Proceedings ADR-MDL, except as modified by the Metagigs Terms. In particular, the Framework for Mass Arbitration Proceedings ADR-MDL shall apply if five or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated. Users can find more information at www.fedarb.com or by calling 1-650-328-9500.
Unless required by law, or unless the parties mutually agree otherwise in writing, any arbitration hearing—including oral arguments—will be conducted through video conferencing. If the arbitration hearing is conducted in person, it will take place in Miami Dade County, Florida, if that is a convenient location for the User, or the county or parish where the User resides.
At the conclusion of the arbitration, the arbitrator will issue a written decision explaining the findings and conclusions upon which the arbitrator’s decision is based.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, the decision, and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
v) Commencing an Arbitration. A party who has complied with the MIDR process described above and who wishes to start arbitration must submit a demand for arbitration and a copy of the User Terms to support@metagigs.gg
vi) Fees and Costs. If you commence an arbitration in accordance with the Metagigs Terms and Arbitration Agreement, you will be required to pay the first $50 of FedArb’s filing fee. Except as otherwise set forth in Section 13(a)(v) and this subsection, you will not be responsible for paying any other fees for the arbitration other than the filing fee; all other fees or expenses charged by FedArb will be paid by Metagigs. Further, if FedArb determines that you are unable to pay any part of the filing fee, Metagigs will pay that part too.
Users are otherwise responsible for their own costs and attorneys’ fees; Metagigs will not pay such costs or attorneys’ fees unless ordered to do so by the arbitrator.
If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may order the losing party to reimburse the prevailing party for all arbitration fees—as well as reasonable attorneys’ fees and costs. Further, in cases where a statute authorizes the award of attorneys’ fees or costs to the prevailing party, the arbitrator may award attorneys’ fees or costs pursuant to that statute.
The parties agree that FedArb has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due—provided that such modifications do not increase the fees to either party.
vii) Delegation; Interpretation. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Metagigs Terms, including, but not limited to, any claim that all or any part of the Metagigs Terms is void or voidable; however, in the event of a Dispute about which particular version of the Metagigs Terms you agreed to, a court will decide that specific question prior to the commencement of the arbitration. This Arbitration Agreement is intended to be broadly interpreted and will survive termination of the Metagigs Terms.
viii) Severability. If any provision of this Arbitration Agreement is found unenforceable, that provision will be severed, and the balance of the Arbitration Agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this Arbitration Agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
ix) Opting Out. You may opt-out of the Arbitration Agreement entirely and litigate any Dispute with us by sending written notice to Metagigs within 30 days of signing up for the Services for the first time. Thereafter, you may only opt-out of material changes to the Arbitration Agreement by sending written notice within 30 days after Metagigs provides notice of those changes (unless a longer period is required by applicable law). In either case, to opt-out, a User must send a written notice entitled “Arbitration Opt-Out Notice” to Att: Metagigs Inc, 3581 E Glencoe St, Unit 308, Miami FL 33133-4032 by certified U.S. Mail or by Federal Express (or international equivalent). To be valid, the opt-out notice must be sent to Metagigs from the User who wants to opt-out (or that User’s guardian) and include (a) the User’s full name, Metagigs username, and email address, (b) a clear statement that the User wants to opt-out of the Arbitration Agreement, or wants to opt-out of a material change to the Arbitration Agreement, as applicable, and (c) the User’s signature (or the signature of the User’s guardian, if the User is a Minor). If opting-out of a material change, the notice must also identify the particular material change to which the User wants to opt-out. An opt-out notice applies only to the Arbitration Agreement; all other parts of the Metagigs Terms will still apply to the User and Metagigs. Further, an opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Agreement. By opting out of a material change to the Arbitration Agreement, you agree to arbitrate any Dispute in accordance with the language of the last version of the Arbitration Agreement that you accepted.
x) Exceptions. The Arbitration Agreement shall be subject to the following exceptions:
(1) Users and Metagigs retain the right to participate in class-wide settlement of claims.
(2) The Arbitration Agreement does not apply to Users who are not residents of the United States, or to Users who (pursuant to subsection ix above) properly opt-out of the entire Arbitration Agreement within 30 days of signing up for the Services for the first time.
(3) If a Dispute is within the jurisdiction of small claims court, either the User or Metagigs may (after engaging in the MIDR process) choose to take the Dispute to small claims court in the User’s county of residence, or in the Superior Court of Florida, Miami Dade County.
(4) If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, either the User or Metagigs may assert the claim in federal or state court, as set forth in Section 15.
c) Timing for Raising Disputes.
USER AND METAGIGS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
14) Governing Law, Jurisdiction, and Venue.
a) Except as otherwise provided herein, the Metagigs Terms are governed by the laws of the State of Delaware regard to conflict of law principles.
b) Except for small claims court actions, any Dispute that is not subject to the Arbitration Agreement as outlined in Section 13 above (including if the Arbitration Agreement is for any reason held to be unenforceable) may only be litigated in the federal or state courts of Delaware, and User and Metagigs consent to jurisdiction in those courts for such purposes, except as otherwise provided by the European Union’s General Data Protection Regulation.
15) Disclaimers; No Warranties.
a) UGC Disclaimer.
Except as may be required by applicable law, Metagigs is not liable for, nor is Metagigs obligated to screen, approve, edit, or control any UGC that Users or others Publish or otherwise make available on the Services. Metagigs may, however, at any time, without notice, and without any obligation to User, remove, edit, block or suspend the availability of any UGC that Metagigs thinks violates the Metagigs Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against Metagigs regarding UGC. If notified by a User or content owner that UGC allegedly violates the Metagigs Terms, Metagigs may investigate and decide whether to remove the UGC (which Metagigs can do at any time, without notice).
b) Experience Guidelines.
The Services may display to Users an age guideline and certain other descriptors about Experiences and Kiosks. The age guidelines or descriptors for Experiences and Kiosks may be modified from time to time, such as based on additional information reported to Metagigs or changes made to the Kiosk by an Experience. User is solely responsible for reviewing the age guidelines and descriptors for a Kiosk to determine whether any such changes have been made. Metagigs does not warrant the accuracy of the guidelines or descriptors. User acknowledges and agrees that Metagigs is not responsible for the accuracy, completeness, validity, or quality of any age guidelines or descriptors.
c) As Is.
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METAGIGS AND METAGIGS’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
d) No Responsibility.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM METAGIGS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR METAGIGS THAT IS NOT EXPRESSLY STATED IN THE METAGIGS TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16) Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METAGIGS AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, EXPECTED SAVINGS, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METAGIGS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF METAGIGS AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE METAGIGS TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 USD.
17) Indemnification.
You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify Metagigs and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services; (b) your violation of any part of the Metagigs Terms, any representation, warranty, or agreement referenced in the Metagigs Terms, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. Metagigs reserves the right, at Metagigs’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Metagigs’s defense of that claim.
18) Notice to California Residents.
a) Complaints.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210 in order to resolve complaints regarding the Services or to get more information regarding your use of the Services.
b) Minors.
If you are a California resident under the age of 18, you may request that Metagigs remove certain personal content that you have publicly posted to the Services, and Metagigs will comply with such request to the extent permitted and/or required by law. Such content may include personal information but does not include (a) anonymized information or (b) UGC that you have uploaded to the Services (as you have received consideration for providing it). To make such a request, please contact us at support@metagigs.gg. The request must include your username and a specific description of the content that you want removed so that Metagigs can find it. Metagigs will not accept requests via postal mail, phone, or fax and may not be able to respond if you provide incomplete information. A request does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make such a request.
19) Miscellaneous Terms.
a) General.
These User Terms, together with all Metagigs Terms, make up the entire agreement between you and Metagigs regarding the Services and your use thereof. You may not assign these Metagigs Terms or any of your rights hereunder by operation of law or otherwise without Metagigs’s prior written consent. Metagigs may assign the Metagigs Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of Metagigs’s and our respective successors and assigns. If any part of these Metagigs Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the Metagigs Terms), and the remaining parts will remain in full force and effect. Nothing in the Metagigs Terms will be deemed to confer any rights or benefits on a third party (other than Apple as noted in Section 11.c.)
b) Termination; Survival.
In the event of termination of these User Terms or any Additional Terms, as applicable, the rights and duties of Metagigs and User to each other will terminate except that any part of the Metagigs Terms or Additional Terms, which by their nature should survive termination, will survive, including Sections 6, 8, 9, 10, 11, 13, 14 and 15.
c) Waiver.
No waiver of any part of the Metagigs Terms by either User or Metagigs shall be deemed a continuing or further waiver of any such part or any other part of the Metagigs Terms, and Metagigs's or User's failure to assert any rights or part of the Metagigs Terms shall not be deemed or otherwise constitute a waiver of such right or part.
d) Interpretation.
The section headers in these Metagigs Terms are for convenience and will not impact the interpretation of these Metagigs Terms. In all cases where Metagigs is allowed to make a decision under these Metagigs Terms, that decision is completely up to Metagigs, in its sole discretion. The Metagigs Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in the Metagigs Terms, it means “including, without limitation” and whenever the word “or,” is found in the Metagigs Terms, it means “and/or.”
e) Compliance with Laws.
When using the Services, you agree to comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User hereby represents and warrants that (i) User is 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) User is not listed on any U.S. Government list of prohibited or restricted parties.
f) Consent to Online Communications.
By using the Services, you agree to receive certain electronic communications from Metagigs as described in our Privacy Policy, (which is incorporated by reference into these User Terms, and by your use of the Services, you acknowledge that you have read). You further agree that any notices, agreements, disclosures, or other messages that Metagigs sends to you by electronic means shall satisfy any legal requirements that such communications be in writing. To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Services, it is intended to be an electronic signature which binds you as if you had signed on paper.
g) Investigations; Cooperation with Law Enforcement.
Metagigs reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Metagigs may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
h) Prevailing Language.
To the extent any of the Metagigs Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version, the English version will govern and prevail.
20) Contact Information.
The Services are offered by Metagigs Corporation located at 3581 E Glencoe St, Unit 308, Miami FL 33133-4032. You can contact Metagigs by sending any messages to that address or by email at support@metagigs.gg. If you are a California resident, you may have the Metagigs Terms e-mailed to you by sending a request, including your email address, to the address above.