Draft pending legal review. These terms are in effect but may be revised before our public launch.
Welcome
These Terms of Service ("Terms") are a binding agreement between you and Avatar Genie LLC, a Delaware limited liability company doing business as Earth Games ("Earth Games", "we", "us"). They cover the Earth Games website at https://playearth.games, the 3D world, every game and experience built on it, our Discord bot and server, and any related services (together, the "Service").
Please read Section 21 (Dispute resolution) carefully. It requires most disputes to be resolved by individual binding arbitration, not in court, and waives class actions and jury trials. You can opt out within 30 days.
By creating an account, checking the box at sign-up, or using the Service in any way, including playing as a guest, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.
1. Changes to these Terms
We may change these Terms at any time. When we make a material change, we will update the date at the top and ask signed-in users to accept the new version before they continue. If you keep using the Service after a change takes effect, you accept it. Changes don't apply to a dispute that arose before the change, unless you agree otherwise.
2. Who can use the Service
You must be at least 13 years old, or at least 16 if you live in the European Union, European Economic Area, United Kingdom or Switzerland, or older if a higher minimum age applies where you live.
If you're under 18 (or the age of majority where you live), you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms for you and is responsible for your use.
You can't use the Service if we've banned you before, if you're barred from receiving services under the laws that apply to you, or if you're on a U.S. government sanctions or restricted-party list or located in a sanctioned country or region.
If you use the Service for an organization, you confirm you have authority to bind it, and "you" includes it.
We don't knowingly allow children under 13 to use the Service. If we learn that a user is under the minimum age, we will close the account and delete its personal information.
3. Your account
Give accurate information and keep it current. One person, one account. Don't create accounts by automated means, and don't buy, sell, share or transfer accounts.
You're responsible for everything that happens under your account and for keeping your password, email and linked Discord account secure. Tell us right away if you think your account has been compromised.
Signing in with Discord or Muninn is also subject to those companies' own terms. We aren't responsible for their services.
Display names must not impersonate anyone, mislead, or break the conduct rules in Section 6. We may change or remove a name that does.
4. Playing as a guest
You can explore some of the Service without an account. Guests are bound by these Terms the same as account holders. We identify a guest's browser with a random identifier stored on the device (see the Privacy Policy). Guest progress can be lost at any time, for example if you clear your browser data.
5. Your license to use the Service
Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own non-commercial entertainment. We and our licensors keep all other rights. You may not, and may not help anyone else:
copy, modify, distribute, sell or lease any part of the Service or its software, except as the law expressly permits;
reverse engineer, decompile or try to extract source code, except where the law forbids this restriction;
scrape, crawl, data-mine or bulk-download the Service, its tiles or its APIs, or use bots, scripts, automation or modified clients, except our official Discord bot;
interfere with, overload or disrupt the Service, its servers or networks, or bypass any security, rate limit, challenge or access control;
probe or test the Service for vulnerabilities without written permission (we welcome responsible reports through the contact form);
use the Service to build a competing product or train machine-learning models.
Open map data that appears in the Service, such as OpenStreetMap data, remains available under its own open license from its original source. These Terms don't restrict your rights to that data from those sources.
6. Rules of conduct
You agree not to use the Service to:
harass, bully, threaten, stalk, intimidate or abuse anyone, or encourage others to;
post or say anything hateful or discriminatory, or that targets people based on race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, age or any other protected characteristic;
post sexual content of any kind, and never any content that sexualizes, exploits or endangers minors (we report such content to the National Center for Missing & Exploited Children and to law enforcement);
try to contact, groom or arrange to meet minors, or ask anyone for personal information, photos or a meeting in the real world;
share anyone's personal information without their consent ("doxxing"), including a real home address, or use the map to point to, follow or locate a real person;
encourage self-harm, violence, terrorism or illegal activity, or promote illegal goods or services;
impersonate any person, organization, moderator or Earth Games staff, or misstate your affiliation;
spam, advertise, run scams, phish, or post links to malware;
cheat, exploit bugs, or manipulate votes, rankings, badges or other systems, including by using multiple accounts, VPNs, proxies, bots or paid or coordinated voting;
post anything that infringes someone else's intellectual property, privacy or publicity rights;
break any law or regulation.
Report abuse through the contact form. We may investigate and act on any violation at our sole discretion, including removing content, muting, suspending or banning accounts and devices, voiding votes or badges, and reporting to law enforcement. Not acting on a violation doesn't waive our right to act later.
7. Your content
"Your Content" means anything you submit to the Service: display names, chat messages, tour names and routes, votes, feedback, and contributions. You keep any ownership rights you have in Your Content, except as the separate Contributor Terms provide for drone contributions.
You grant us a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable and sublicensable license to host, store, use, reproduce, modify, adapt, publish, publicly display and perform, distribute and create derivative works from Your Content, in any media now known or later developed, to operate, improve, promote and provide the Service. To the extent the law allows, you waive any moral rights in Your Content against us and our licensees.
You confirm that you own or have all rights needed to submit Your Content, and that it doesn't break these Terms or any law. Chat, names and other content can be seen by other players and, for tours and public profiles, by anyone on the internet. Don't share anything you want to keep private.
We don't pre-screen content and aren't responsible for content posted by users. We may, but aren't obliged to, monitor, refuse, edit or remove any content at any time for any reason, without notice.
8. Voting and world expansion
Players can vote for real places to be added to the world. Votes are a way to tell us what you'd like, not a promise. We decide what to build, when, and how, at our sole discretion. We may change how votes are weighted, decay over time, or are counted, and we may cancel votes we believe are fraudulent or automated. Votes, rankings and "founding visitor" recognition have no monetary value.
9. Drone and imagery contributions
If you contribute aerial imagery or elevation data (for example through Muninn), the separate Contributor Terms you accept at that time also apply, and they control if they conflict with these Terms. You must have the right to fly, capture and share what you contribute, and you must follow all aviation, privacy and property laws.
10. The real-world map: safety and accuracy
The Service shows a 3D version of the real world built from open data, automated processing and contributions. It's a game. It is not a map for navigation, and it can be incomplete, out of date or wrong, including roads, buildings, terrain, names, boundaries and addresses.
Never use the Service while driving, cycling or operating any vehicle or machinery, or in any way that distracts you from your surroundings.
Don't rely on the Service for navigation, emergencies, property lines, surveying, safety decisions or any real-world purpose.
Don't trespass, enter dangerous places, or do anything in the physical world because of something you saw in the Service. You're solely responsible for your real-world actions and safety.
Real places, businesses, brands and landmarks appear only because they exist. Their appearance doesn't mean they're affiliated with us or endorse us, or that we endorse them. If you own or manage a property and want something about it reviewed, contact us.
11. Third-party services and data
The Service relies on and links to services and data we don't control, such as Discord, Muninn, Cloudflare, map and elevation data providers, and OpenStreetMap. Those are governed by their own terms and privacy policies, and we aren't responsible for them, their availability or their content. Credits and licenses for the map data appear on our attribution page.
12. Games and experiences on the platform
Earth Games is a platform: the real-world base world can host many different games and experiences, built by us and, in the future, possibly by others. A game or experience may have additional rules or terms, which we will show you, and which apply together with these Terms. If they conflict, the additional terms control for that game only. Experiences built by third parties are their responsibility, not ours, unless we say otherwise.
13. Virtual items, badges and progress
Badges, ranks, roles, progress, and any virtual items or currency are a limited license to use within the Service. They aren't your property, have no monetary value, can't be redeemed for money, and can't be sold or transferred outside the Service. We may change, rebalance or remove them at any time without liability. Earth Games is currently free. If we ever offer paid features, additional terms will apply.
14. Suspension, termination and deletion
We may suspend or end your access to all or part of the Service, delete your account or content, or stop offering the Service, at any time and for any reason, with or without notice. That includes if we believe you've broken these Terms, created risk or legal exposure for us, or been inactive for a long time.
You can stop using the Service any time, and you can delete your account in Account settings. Deleting your account is permanent. What happens to your data is described in the Privacy Policy. Sections that by their nature should survive termination do so, including Sections 5 to 7, 9, 10, 13 and 15 to 24.
15. Our intellectual property and feedback
The Service, including its software, design, 3D models, generated world, text, graphics, logos and the "Earth Games" name, is owned by Avatar Genie LLC or its licensors and protected by intellectual property laws. Open data we use remains under its own licenses. You may not use our names, logos or trademarks without our written permission.
If you send us ideas, suggestions or feedback, you agree we may use them freely and without any obligation or payment to you.
16. Copyright complaints (DMCA)
We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). To report infringement, send our designated agent a written notice that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material you say infringes and where it appears in the Service; (4) your contact information; (5) a statement that you have a good-faith belief the use isn't authorized by the owner, its agent or the law; and (6) a statement, under penalty of perjury, that the notice is accurate and you're authorized to act for the owner.
Designated agent: Copyright Agent, Avatar Genie LLC, [email protected], PO Box 3, Madison, ME 04950. You can also use the contact form and choose "Copyright / DMCA".
If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice as described in 17 U.S.C. § 512(g). We will end, in appropriate circumstances, the accounts of users who repeatedly infringe. Knowingly false notices can make you liable for damages.
17. Disclaimers
THE SERVICE IS AN EARLY, EXPERIMENTAL ("ALPHA") PRODUCT PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.
We don't promise that the Service will be uninterrupted, timely, secure or error-free, that data or progress will be preserved, that the map or any information is accurate, or that the Service will be free of viruses or harmful components. We are not responsible for the conduct of any user, online or offline. Some places don't allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
18. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, AVATAR GENIE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR REAL-WORLD ACTIONS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY U.S. DOLLARS (US$50).
These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between us. Some places don't allow these limits, so they apply to you only to the extent the law allows. Nothing in these Terms limits liability that can't be limited by law, such as for fraud, or for gross negligence or willful misconduct where the law forbids limiting it.
19. Indemnification
To the extent the law allows, you will defend, indemnify and hold harmless Avatar Genie LLC and its members, managers, employees, contractors and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from Your Content, your use or misuse of the Service, your real-world actions, your breach of these Terms, or your violation of any law or anyone's rights. We may take control of the defense of any such claim, and you will cooperate with us.
20. Governing law and venue
These Terms, and any dispute relating to them or the Service, are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs Section 21. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and waive any objection to those courts. If you live in the EU, UK or another place whose consumer laws give you the right to sue at home or under your local law, nothing here takes that right away.
21. Dispute resolution: arbitration and class-action waiver
Talk to us first. Before starting any formal proceeding, the party with a claim must send the other a written notice describing it and the relief sought (to us: through the contact form or [email protected]). Both parties will try in good faith to resolve it informally for 60 days.
Binding individual arbitration. If the dispute isn't resolved, you and Avatar Genie LLC agree to resolve any dispute, claim or controversy relating to these Terms or the Service, including whether this section applies or is enforceable, by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be held by video or phone, or in the county where you live or another agreed location. Payment of filing and arbitrator fees follows the AAA Consumer Rules. The arbitrator may award any individual relief a court could, but only to you individually.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may ask a court for an injunction to protect intellectual property or stop misuse of the Service.
Class-action and jury waiver.YOU AND WE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim (and only that claim) must proceed in court, not arbitration, and stays on hold until the individual arbitration is resolved.
Mass filings. If 25 or more similar demands are filed by or with the help of the same law firm or organization, they will be administered in batches of up to 25, with one arbitrator per batch, and the parties will negotiate in good faith over fees. Statutes of limitation are paused while demands wait for their batch.
Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it's permanently barred.
Opt-out. You can opt out of this arbitration agreement by sending us a notice within 30 days after you first accept these Terms, through the contact form (topic "Legal") or [email protected], including your name, account email and a clear statement that you opt out. Opting out doesn't affect any other part of these Terms.
22. Export controls
You may not use, export or re-export the Service in violation of U.S. export control and sanctions laws or the laws of any other applicable country.
23. General terms
These Terms, the Privacy Policy, and any additional terms we show you (such as the Contributor Terms) are the entire agreement between you and us about the Service, and replace any earlier agreements. If any part is found unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms without our written consent; we may assign them, including in connection with a merger, acquisition or sale of assets. We aren't liable for delays or failures caused by events beyond our reasonable control. Nothing in these Terms creates a partnership, employment, agency or fiduciary relationship. Headings are for convenience only, and "including" means "including without limitation." Notices to you may be sent to your account email, through Discord, or shown in the Service. These Terms are written in English, which controls over any translation.
24. Contact
Avatar Genie LLC, a Delaware limited liability company doing business as Earth Games. Use our contact form or email [email protected], or by mail to PO Box 3, Madison, ME 04950.