MetaTIX™ Terms of Use

Welcome to MetaTIX™, a service owned and operated by Reality Gap, Inc. (“Reality Gap,” “us,” or “we”). You agree to be bound by the following legally binding terms and conditions (the “Terms of Use”) when you use or access MetaTIX™.  If you do not agree to this Terms of Use, please discontinue your use of and access to MetaTIX™ and its related and affiliate sites (“collectively, “MetaTIX™”).  Reality Gap reserves the right to amend, change or alter this agreement in its sole discretion; amendments, changes or alterations will be effective as soon as they are posed at www.metatix.com/terms-of-use/ 

1.   MetaTIX™ Defined

MetaTIX™ are an in-game fictional currency that you may use to prepay for services related only to playing games that: (1) accept MetaTIX™; and (2) require you to agree to this Terms of Use prior to play.  MetaTIX™ are not redeemable for any sum of money or monetary value from Reality Gap and/or its licensees, affiliates, or partners.  By agreeing to this Terms of Use, you are agreeing that Reality Gap is giving you a limited license to use MetaTIX™ as set forth only in this Terms of Use.  Reality Gap retains all ownership and intellectual property rights to MetaTIX™, including, without limitation, copyright, trademark, patent, and moral rights.

  1. MetaTIX™ Availability

Reality Gap provides users with MetaTIX™ for purchase or free distribution at its sole discretion.  In doing so, Reality Gap grants users a limited license right to use MetaTIX™ as expressly permitted by Reality Gap.  As set forth above, MetaTIX™ are not redeemable for any sum of money or monetary value.  Reality Gap has the sole and absolute right to regulate, control, monitor, cancel, eliminate or otherwise change or alter in any way MetaTIX™, and Reality Gap owes you no duty in the exercise of that right, and will not be liable to you in any way for exercising its rights over MetaTIX™.

While MetaTIX™ users may, from time to time, transfer for consideration to another user their licensed right to use MetaTIX™ in accordance with this Terms of Use, this transference is applicable only when expressly authorized by Reality Gap, and does not render MetaTIX™ redeemable for any sum of money or monetary value.  Reality Gap may halt, suspend or reverse any transfer of MetaTIX™ between any user and any other user.  Reality Gap may also deny any users’ attempt to transfer or cause to be transferred any MetaTIX™ at any time and for any reason, including reasons of price and users’ volume of transfers.

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

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

  1. Eligibility to Purchase MetaTIX

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

  1. Establishing a MetaTIX™ Account – Login Information

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

  1. Account Transfer Prohibited

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

  1. Establishing a MetaTIX™ Account - Registration Information

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

  1. Termination of MetaTIX™ Accounts

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

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

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

Any and all information related in any way to your Account, including without limitation your MetaTIX™ balance and other MetaTIX™ information, is the sole property of Reality Gap and/or its licensees, affiliates or partners.  Reality Gap expressly disclaims any value, cash or otherwise, in this information. 

  1. Reality Gap Privacy Policy

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

  1. MetaTIX™ is Available on an “As-Is” Basis

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

  1. Service Interruptions

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

  1. Limitation on Liability 

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

  1. Disputes. 

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

  1. Indemnity

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

  1. Miscellaneous Provisions

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

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

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

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

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

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