Terms of Service
Tiny Content, Inc., a California corporation’s service is called MetaTable. Please read these Terms of Service (the “Terms”) carefully because they govern your use of MetaTable and related direct and indirect services.
Agreement to Terms
Grant of License
Subject to these Terms, Tiny Content grants you a nonexclusive, non-transferable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Tiny Content’s termination of this Agreement.
Changes to Terms, Game, and Services
Tiny Content may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Game may be downloaded or through other communications. Please make sure you review the modified Terms because if you continue to use the Game and/or Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Game or Services anymore. Because the Game and Services are evolving over time, we may change or discontinue all or any part of the Game and/or Services, at any time and without notice, at our sole discretion.
Personal and Non-Commercial Use Limitation
Except as otherwise specified below, Tiny Content is providing the Game and/or Services to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Game and/or Services.
If you want to use the Game you will have to have an Oculus account. We do not administer Accounts, rather, they are administered by Oculus VR, LLC, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Tiny Content or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
Health and Safety Precautions
Tiny Content recommends that you take a 10 minute break from the game every 30 minutes. Wearing a VR headset for prolonged periods of time my be detrimental to your health. Tiny Content is not liable for any health-related issues resulting from VR use!
The below should be reviewed before use of the Game. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Tiny Content is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums or directly to Tiny Content. User Content includes any feedback or suggestions you provide to Tiny Content. Content includes without limitation User Content.
CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
Tiny Content and its licensors exclusively own all right, title and interest in and to the Game, Services, and Content, including all associated intellectual property rights, with the exception of User Content, to which Tiny Content does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
RIGHTS IN USER CONTENT GRANTED BY YOU
You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game or Services, you hereby grant Tiny Content a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Tiny Content’s intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Tiny Content will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.
You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Tiny Content on or through the Game or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
General Prohibitions and Tiny Content’s Enforcement Rights
You agree not to do any of the following:
- Do anything in connection with your use of the Services, including posting, uploading, publishing, submitting or transmitting any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., unauthorized methods that influence MetaTable’s gameplay, including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; (xi) violates the Code of Conduct; or (xii) violates “Netiquette.” Additionally, to ensure that MetaTable is a safe and welcoming space for all users, you agree to report to us using the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13.
- Use, display, mirror or frame the Services or any individual element within the Services, Tiny Content’s name, any Tiny Content trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tiny Content’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Tiny Content’s computer systems, or the technical delivery systems of Tiny Content’s providers;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tiny Content or any of Tiny Content’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tiny Content or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Tiny Content trademark, logo URL or product name without Tiny Content’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Promote any products or platforms while using our service without our consent.
** If you violate any of these terms, you may be permanently banned from MetaTable regardless of whether you have spent money on virtual currency or private tables. You will not be refunded any money that you have spent on the game. The length of the ban, whether is it a trial or permanent is at the sole discretion of MetaTable.
Although we’re not obligated to monitor access to or use of the Game, Services, or Content or to review or edit any Content, we have the right to do so for the purpose of operating and updating the Game and/or Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable or suspend your or any user’s access to any Content or the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Game and/or Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
We may terminate your access to and use of the Game or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, Services, and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.
THE GAME, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will indemnify and hold harmless Tiny Content and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, Services, or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER Tiny Content NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Tiny Content HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL Tiny Content’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Tiny Content FOR USE OF THE GAME, SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Tiny Content, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Tiny Content AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict-of-laws provisions.
AGREEMENT TO ARBITRATE
You and Tiny Content agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Tiny Content with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Tiny Content with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Tiny Content with an Arbitration Opt-out Notice, will be the state and federal courts located in Northern California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Tiny Content with an Arbitration Opt-out Notice, you acknowledge and agree that you and Tiny Content are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tiny Content otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Tiny Content and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tiny Content and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Tiny Content’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tiny Content may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Tiny Content under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Tiny Content’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tiny Content. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Tiny Content can be reached through this contact form