Terms of Service
Last updated: 14th August, 2024
Your relationship with getagame
- By using getagame, you are agreeing to our Terms of Service, and agree to the limitations of liability and release in our Terms of Service.
- The Terms of Service are a legally binding agreement between you and getagame.
- If you break the rules, we may suspend or terminate your account. We charge players for participation in games, and those charges can occur at any time, including after the game in question has started and/or ended.
getagame players, organisers and games
- getagame is a platform designed to connect organisers who need players with players who want to play games.
- Players can request to join games, and it's then up to the organiser whether they accept or reject the player's join request.
- Players can either join a game for free by entering the game's unique code, or by paying a joining fee.
- Players who pay a joining fee will have a hold placed on their payment method for the joining fee amount. This hold will be released if the player is not approved to join the game, if the game is cancelled, or if the game is not full at the point that it begins. Otherwise the payment will be processed at the point that the game begins.
- Joining a game is a commitment to play in that game. You can leave a game at any point, but if you leave a game within two hours of it starting and you have been approved to join the game, you will still be charged the joining fee.
- Organisers can cancel games at any time, up to one hour before the game is due to start. We prevent organisers from cancelling games after this point to protect players who might have already set out for the game.
Your content on getagame
- You are responsible for your "Content", - which is any information or material that you post on getagame.
- All Content that you post must comply with our Content Policy, as well as our Community Guidelines.
- We are not responsible for Content that members post or the communications that members send on getagame. If you see Content that violates our Terms of Service, you can report inappropriate Content to us.
Our terms of service
1. Acceptance of Terms
getagame (hereinafter referred to as "the Service," "we," "us," or "our") allows users to organize sports games and players to find and request to join those games. By accessing or using the Service, whether through our website, mobile applications, or other platforms (collectively, the "Platform"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
2. Eligibility
The Service is intended for users who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3. Use of the Service
3.1 Purpose of the Service.
The Service is intended exclusively for organizing and participating in sports games. Any use of the Service for purposes other than organizing or participating in sports games is strictly prohibited and constitutes a breach of these Terms of Service.
3.2 No Guarantee of Games.
We do not guarantee that any game organized through the Service will occur. The Service merely connects organizers with players, and it is the organizer's responsibility to ensure that the game takes place.
3.3 Responsibility for Conduct.
We are not responsible for the conduct of users during or after any games organized through the Service. You are solely responsible for your interactions with other users and participants in any games, and any disputes or issues arising from such interactions are your responsibility to resolve.
3.4 Compliance with Terms.
By using the Service, you agree to comply with all applicable laws and regulations, as well as these Terms of Service. Failure to adhere to the permitted use of the Service may result in suspension or termination of your account.
3.5 No Endorsement.
The Service does not endorse any user, game, or location listed on the Platform. We make no representations or warranties about the quality or safety of any games or participants.
4. User Privacy and Data Usage
4.1 Privacy of User Information.
We are committed to protecting your privacy. Any private details that you provide through the Service, such as your personal information, contact details, or other sensitive data, will only be visible to the players you have approved. We will never access, view, or use these private details for any purpose other than providing the Service as intended.
4.2 No Unauthorized Access.
We will not monitor, review, or otherwise interfere with the private details you provide, except as required to comply with applicable laws, legal processes, or governmental requests. Your privacy is of utmost importance to us, and we will ensure that your private information remains secure and confidential.
4.3 Limited Use of Data.
We will never sell, share, or otherwise use your private details for marketing purposes, data analysis, or any other activities outside of the scope of providing the Service. Your data will be used solely for facilitating the interactions and functionalities that you have explicitly chosen within the Service.
4.4 Data Security.
We employ industry-standard security measures to protect your private details from unauthorized access, disclosure, or misuse. However, please be aware that no system can be completely secure, and we cannot guarantee the absolute security of your data.
4.5 User Responsibility.
You are responsible for managing your privacy settings within the Service and for determining which players are approved to view your private details. We encourage you to exercise caution when sharing personal information and to review your privacy settings regularly to ensure they reflect your preferences.
5. Payment and Refund Policy
5.1 Charges and Payment Process.
When you join a game through the Service, you may be required to pay a joining fee. Alternatively, if you have a valid code provided by the game organizer, you can use it to join the game for free. Upon requesting to join a game, a hold will be placed on your payment method for the amount of the joining fee.
5.2 Payment Holds and Cancellations.
The hold on your payment method will be automatically canceled under the following conditions:
- You leave the game more than two hours before the scheduled start time.
- The game is canceled by the organizer.
- The game is not full at the time it is scheduled to start.
5.3 No Refunds Policy.
We will never sell, share, or otherwise use your private details for marketing purposes, data analysis, or any other activities outside of the scope of providing the Service. Your data will be used solely for facilitating the interactions and functionalities that you have explicitly chosen within the Service.
5.4 Discretionary Refunds.
In exceptional cases where a player has a negative experience, we may, at our sole discretion, offer a refund or other remedy. This decision will be made on a case-by-case basis, and we reserve the right to determine the nature and amount of any refund or remedy provided.
5.5 User Responsibility.
It is your responsibility to ensure that your payment method is valid and has sufficient funds or credit available at the time of joining a game. We are not liable for any fees or charges incurred by you as a result of insufficient funds, declined transactions, or other payment-related issues.
6. Acceptable Use Policy
6.1 Purpose of the Platform.
The Service is intended solely for organizing and participating in sports games. By using the Service, you agree to use it exclusively for this purpose. Any use of the Platform for other activities, including but not limited to gathering individuals for unlawful, harmful, or deceptive purposes, is strictly prohibited.
6.2 Prohibited Activities.
You agree not to use the Service for any nefarious, illegal, or unauthorized activities.
6.3 Conduct on the Platform.
We are committed to maintaining a safe and respectful environment for all users. As such, you agree not to use indecent, abusive, violent, or offensive language on the Platform. This includes, but is not limited to, any communication or content that is:
- Hateful, discriminatory, or inflammatory.
- Sexually explicit or otherwise inappropriate.
- Threatening, harassing, or abusive in nature.
6.4 No Responsibility for Misuse.
While we strive to monitor and enforce these standards, we are not responsible for the actions of users who misuse the Service for unlawful or harmful purposes. By using the Service, you acknowledge that we cannot guarantee that all users will adhere to these Terms, and you agree to release us from any liability arising from such misuse.
6.5 Reporting Violations.
We encourage users to report any behavior that violates these Terms or appears to be harmful, unlawful, or inappropriate. Reports can be made by emailing contact@getagame.gg. We reserve the right to investigate and take appropriate action, including terminating accounts and reporting misconduct to law enforcement authorities if necessary.
7. Limitation of Liability
7.1 No Guarantee of Games.
We do not guarantee that any game organized through the Service will take place, nor do we guarantee the availability, punctuality, or suitability of any game or participant.
7.2 No Liability for Game-Related Incidents.
We are not responsible for any injuries, accidents, disputes, or other incidents that may occur during or as a result of any game organized or attended through the Service. You participate in any game at your own risk, and you are solely responsible for ensuring that you are physically and mentally fit to participate.
7.3 No Endorsement.
We do not endorse any user, game, or location listed on the Platform. We make no representations or warranties about the quality or safety of any games organized through the Service.
8. Intellectual Property Rights
8.1 Ownership of Content.
You retain all ownership rights to the content you create and post on the getagame platform, including text, images, videos, and any other material (“User Content“). By posting or otherwise making available any User Content on or through the platform, you grant getagame a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, display, reproduce, modify, adapt, publish, distribute, and otherwise exploit such content in any and all media, formats, or distribution methods, whether now known or later developed, for the purpose of providing and promoting the Service.You acknowledge that this license includes the right for getagame to make User Content available to other users of the Service, who may also use your content subject to these Terms. You agree that you will not be entitled to any compensation for getagame’s use of your content as described herein.8.2 Responsibility for User Content.
You represent and warrant that you have all necessary rights to grant the license set forth in Section 9.1 and that your User Content does not violate any third-party intellectual property rights, privacy rights, or any other legal rights. You agree to indemnify and hold harmless getagame from any claims arising out of or related to your User Content.
8.3 Ownership of Platform.
All rights, title, and interest in and to the getagame platform, including but not limited to the software, design, layout, look, appearance, graphics, trademarks, logos, and all intellectual property rights associated with the platform, are and shall remain the exclusive property of getagame and its licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for your personal use in accordance with these Terms.
Except as expressly permitted in these Terms, you agree not to copy, distribute, modify, create derivative works from, publicly display, publicly perform, transmit, or otherwise use any of the platform's materials or content without prior written permission from getagame.
8.4 Feedback and Suggestions.
If you provide getagame with any feedback, suggestions, or ideas regarding the platform ("Feedback"), you acknowledge that getagame may freely use, modify, and incorporate such Feedback into the platform or any other product or service without any obligation to compensate you. You hereby irrevocably assign all rights, title, and interest in and to such Feedback to getagame.
9. Indemnification
9.1 Your Responsibility.
You agree to indemnify, defend, and hold harmless getagame, its affiliates, officers, directors, employees, consultants, agents, and licensors (collectively, the “Service Parties“) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that the Service Parties may incur as a result of or arising from:
- Your use of getagame;
- Your violation of these Terms of Service;
- Your violation of any rights of any other person or entity, including intellectual property, privacy, or other rights;
- Any Content you post or transmit through getagame;
- Your participation in any game or event organized through getagame;
- Your interactions with other users of getagame, whether online or offline.
9.2 Cooperation.
You agree to cooperate fully with getagame in the defense of any claim that is the subject of your obligations under this clause. getagame reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will not settle any such claim without the prior written consent of getagame.
9.3 Scope.
The indemnification obligations under this clause will survive the termination or expiration of these Terms of Service and your use of the Service.
10. Modification of Terms
10.1 Right to Modify.
We reserve the right to modify or update these Terms of Service at any time, at our sole discretion. Any changes will be effective immediately upon posting on the Service or notification to you.
10.2 Notification of Changes.
We will make reasonable efforts to notify you of significant changes to these Terms. This may include posting notices on the Service or sending notifications via email or other communication methods.
10.3 Your Responsibility to Review.
It is your responsibility to review these Terms periodically to stay informed of any updates or modifications. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms.
10.4 Effective Date.
The effective date of the revised Terms will be noted at the top of this section. If you do not agree with the updated Terms, you must discontinue your use of the Service.
11. Severability
11.1 Enforceability.
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be modified or limited to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
11.2 Partial Invalidity.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
11.3 Replacement of Invalid Provisions.
If any provision of these Terms is deemed invalid or unenforceable, the parties agree to negotiate in good faith to replace such provision with a valid and enforceable provision that most closely reflects the original intent of the invalid provision.
12. Release
To the fullest extent allowed by applicable law, you agree to release getagame, along with our directors, employees, consultants, affiliates, and any third-party partners (“Service Parties”), from any claims, demands, and damages (whether direct or consequential) (“Claims”) that arise out of or are in any way connected with any transaction with a third party, your interactions with other users, or your participation in any game organized through the Service. You also agree to release game organizers from Claims based on their negligence in connection with their content, the organization of games, or any related activities. Please note that some jurisdictions do not allow for such releases, so these limitations may not apply to you.
You acknowledge and accept that participating in sports games inherently involves certain risks, including but not limited to illness, bodily injury, disability, or death. By taking part in these games, you agree that you voluntarily assume all such risks.
13. Termination
13.1 Termination by You.
You may terminate your use of the Service at any time by discontinuing your account and ceasing all use of the Service.
13.2 Termination by getagame.
We reserve the right to terminate or suspend your account or access to the Service, at our sole discretion, for any reason, including but not limited to a violation of these Terms of Service.
14. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms of Service if such failure is due to events beyond our reasonable control, including but not limited to natural disasters, acts of war, or government actions.
15. Contact Information for Legal Inquiries
15.1 Legal Inquiries.
If you have any legal inquiries or concerns regarding these Terms of Service, please contact us at the following address:
15.2 Mailing Address.
getagame
51 Bracken Road
Sandyford, Dublin
Co. Dublin, Ireland
D18 CV48
15.3 Email Address.
For legal inquiries, please email us at: contact@getagame.gg