Get In It Games (“GIIG”)

LAST UPDATED: 12/10/2024

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICES.

These Terms of Service (“Terms”) govern your use of all websites, mobile applications, online services, event portals, leaderboards, and related offerings provided by Get In It Games (“GIIG,” “we,” “us,” or “our”) (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms, as well as our separate Waiver and Release of Liability Agreement (“Waiver”) and Privacy Policy, which are incorporated herein by reference.

If you do not agree to these Terms, you must not use or access the Services. Your continued use of the Services confirms your acceptance.

1. Individuals who are 13 years of age or older may create their own personal GIIG account.
2. Children under 13 are not permitted to create an account. A parent or legal guardian (“Parent”) must first create a primary GIIG account and may then create a sub-profile for the child under 13. The Parent assumes full responsibility for all actions, activities, and submissions made under that sub-profile.

By registering, you agree to provide and maintain accurate, current, and complete information, including your valid email address and full legal name. You must not use false identities or impersonate any other individual or entity.

When creating an account, you will select a username or nickname for the leaderboards and provide a valid email address and any other required information. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

You agree not to share your account credentials with any third party. If you suspect unauthorized use of your account, you must promptly notify us at contact@getinitgames.net. We reserve the right to disable or terminate any account at our sole discretion, including but not limited to accounts we believe are compromised or in violation of these Terms.

Participation in GIIG activities, events, or related experiences (“Activities”) involves inherent risks, including but not limited to physical exertion, collisions, and exposure to environmental hazards. The interactive floor system has a maximum weight capacity of 300 pounds per individual to ensure safety and prevent equipment damage. Participants acknowledge and agree to comply with this limitation. By participating in Activities, you acknowledge and assume these risks and agree to release GIIG and its affiliates from liability to the fullest extent permitted by law. 

4.1.1 Host and Event Organizer Responsibilities
If you are renting or hosting an event involving GIIG equipment and Services (“Host”), you agree to the following responsibilities:

1. Rule Communication: Ensure that all participants are informed of the safety guidelines, including the 300-pound weight limit per individual, and any other limitations specified in these Terms or the Waiver.
2. Monitoring Compliance: Actively monitor participants during the event to ensure compliance with all safety guidelines and rules.
3. Financial Responsibility: Accept full financial responsibility for any damage caused to GIIG equipment or property resulting from misuse, non-compliance, or negligence by yourself, participants, or guests.
4. Indemnification: Agree to indemnify and hold harmless GIIG and its affiliates from any claims, damages, liabilities, or injuries arising from participant actions, non-compliance with these Terms or the Waiver, or misuse of the equipment.
5. Enforcement of Weight Limit: Acknowledge that the interactive floor system has a maximum weight capacity of 300 pounds per individual. You are responsible for enforcing this limitation to prevent damage or increased safety risks.

Failure to fulfill these responsibilities may result in additional fees, loss of deposit, refusal of future rentals, or other remedies at GIIG’s discretion.

To participate in any Activities, you must review and accept the Waiver, which is incorporated into these Terms by reference. Your participation in an Activity constitutes your acknowledgment of and agreement to the Waiver’s terms.

By submitting any game results, achievements, or standings (“Scores”), you represent that they are accurate and truthful to the best of your knowledge. We reserve the right to remove or adjust any incorrect, fraudulent, or suspicious Scores at any time, without notice.

Your nickname and Scores may be publicly displayed on leaderboards. By using the Services, you consent to such public display. If a Parent registers a sub-profile for a child under 13, the Parent acknowledges and agrees that the child’s nickname and Scores may also be publicly displayed.

You agree to use the Services solely for lawful purposes and to refrain from any activity that:

1. Interferes with or disrupts the normal operation of the Services or the experience of other users;
2. Involves abusive, harassing, threatening, hateful, or otherwise objectionable content;
3. Attempts to circumvent security measures, spread viruses or malware, or engage in any harmful or disruptive acts;
4. Uses automated means (e.g., bots, spiders, or scrapers) to collect data from the Services without our prior written consent;
5. Violates any applicable law or regulation.

All trademarks, service marks, trade names, logos, content, and other intellectual property (collectively, “GIIG Content”) displayed through the Services are owned by or licensed to GIIG. You agree not to use, reproduce, modify, distribute, or create derivative works from GIIG Content without our prior written consent.

Subject to these Terms, GIIG grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Services for your personal, non-commercial purposes. This license does not include any right to resell or otherwise exploit the Services.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable to you or any third party for any such actions.

We may terminate or suspend your account, or remove any user-generated content, at any time and for any reason, including any violation of these Terms. Upon termination, all rights and licenses granted to you cease immediately.

You agree to indemnify, defend, and hold harmless GIIG and its affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your participation in Activities.

These Terms and any dispute arising out of or related to them will be governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute, claim, or controversy (“Dispute”) arising out of or relating to these Terms, your use of the Services, or your participation in Activities must be resolved exclusively by binding arbitration, not in court, except that either party may assert claims in small claims court if eligible.

Arbitration shall take place in Houston, Texas, or remotely if both parties agree. If the parties cannot agree on an arbitrator within 30 days of initiating arbitration, either may petition a court to appoint one. The arbitration will be conducted in English, pursuant to rules that ensure a fair hearing as contemplated by the Federal Arbitration Act.

You agree that Disputes will be resolved on an individual basis. You waive any right to participate in a class, collective, or representative action, and the arbitrator may not consolidate claims of multiple individuals.

By agreeing to these Terms, both you and GIIG waive the right to a jury trial and to participate in a class action lawsuit.

Nothing in these Terms prevents GIIG from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent unauthorized use or abuse of the Services, protect intellectual property rights, or enforce applicable laws.

We may update these Terms at any time in our sole discretion. Any changes become effective immediately upon posting the revised Terms. Your continued use of the Services after posting any changes constitutes your acceptance of those changes.

You acknowledge that you have read and agree to the separate Waiver and Privacy Policy, each of which is incorporated herein by reference. In the event of a conflict, the Waiver will control for matters related to Activities, and these Terms will control for general use of the Services.

“User Content” includes any photos, videos, images, ideas, suggestions, feedback, or other materials (collectively, “Submissions”) that you provide, create, or upload in connection with your use of the Services or your participation in Activities.

By sharing, submitting, or otherwise making User Content available to GIIG or through the Services, you:

1. Provide such User Content voluntarily and without any expectation of compensation, confidentiality, or rights of ownership;
2. Grant GIIG and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit your User Content (in whole or in part) in any media formats and through any media channels now known or later developed, for any lawful purpose, including but not limited to marketing, promotions, Service improvements, product development, or commercial purposes;
3. Consent to GIIG’s use of your name, likeness, voice, and other identifying information in connection with your User Content, if you are depicted or identifiable in it, subject to GIIG’s Privacy Policy.

You represent and warrant that:

1. You own or have all necessary rights, permissions, and authority to grant the license and consents set forth in these Terms;
2. Your User Content does not infringe, violate, or misappropriate any intellectual property, privacy, publicity, contractual, or other rights of any third party;
3. If your User Content includes images, videos, or media of other individuals, you have obtained their consent (or the consent of their Parent/guardian, if under 18) to share it under these Terms.

GIIG has no obligation to screen, publish, or otherwise use any User Content you provide. We may remove or refuse to use any User Content at our sole discretion without notice.

You acknowledge that GIIG’s use of your User Content under these Terms does not entitle you to any payment or additional consideration whatsoever, unless otherwise agreed in writing by GIIG.

You agree to indemnify and hold GIIG harmless from any claims arising out of or related to your User Content, including any claim that your User Content infringes the rights of a third party or violates any law.

If you have questions about these Terms, please contact us at:

contact@getinitgames.net

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THE BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER PROVISIONS DESCRIBED HEREIN.