Welcome to Metactix! We know you're excited to get started, but before you do, please take a moment to familiarize yourself with our terms and policies. Please understand these terms constitute a legal agreement between Metactix and you, and it is a requirement that you read and understand these terms before proceeding further.
Metactix.com (the “Site) and the Metactix software (the “Application”) are owned and operated by Metactix LLC (“Metactix”) and are made available per these Metactix Terms and Policies (the “Terms”). These Terms govern your access to and use of the Site, the Application, and any products or services made available via the Site or the Application (collectively, the “Services.”).
By using the Services, you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with such use. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use the Services and to enter into the binding obligations in these Terms (or if not, that you are over the age of 16 and you’ve received your parent’s or guardian’s permission to use the Services and, your parent or guardian agrees to these Terms on your behalf).
THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND METACTIX. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR CONTINUE TO USE ANY PRODUCT OR SERVICE PROVIDED BY METACTIX AND DO NOT CONCLUDE THIS AGREEMENT.
Overview. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional guidelines, terms, or rules are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.
Eligibility. You may use the Services only if you can form a binding contract with Metactix, if you agree to these Terms and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations.
Privacy. Please review our current Privacy Statement (“Privacy Statement”), which is available here: [update]. The Privacy Statement contains important information about our practices in collecting, storing, using and disclosing personal information (“Personal Information”).
Amendments. Metactix reserves the right to make changes to these Terms. Modifications and amendments to these Terms will be posted on the Metactix website, which will constitute notice. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the modified and amended Terms.
Fees. Certain Services may be provided for a fee. You shall promptly pay all applicable fees in connection with the Services ordered by you, as further set forth in these Terms.
Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Account for the Services
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Metactix of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We reserve the right to disable any Account issued to you at any time in our sole discretion, provided that Metactix will use commercially reasonable efforts to provide notice as soon as reasonably possible. If we disable access to an Account issued to you, you may be prevented from accessing the Services, and we will not be liable to you or to any third party for disabling access.
Access and License to the Services
License. Subject to your compliance with these Terms, Metactix grants you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services, solely for the duration of your subscription.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (except to the extent applicable laws specifically prohibit any such restriction); (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Metactix; (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services; and (ix) you agree not to take any action that infringes or violates the intellectual property rights, privacy rights, or any other rights of anyone else (including Metactix).
Modification; Suspension. Metactix reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Metactix will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Commercial Electronic Messages
In compliance with the US’s CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), and the EU's General Data Protection Regulation (GDPR), Metactix communicates with you by means of commercial electronic messages (email, voicemail, via our various social media, etc.) to provide you with the services you have requested, whether as an individual or as a business person acting on behalf of a corporate entity. We need your permission to communicate information to you about your paid or free account, registration, products, services and events offered by Metactix.We do not send unsolicited marketing or promotional messages.
By agreeing to the Commercial Electronic Messages (CEMs) Policy and the Metactix's Terms and Policies, you agree to receive electronic communications from Metactix. If you have any questions, wish to update your communication preferences, or wish to withdraw your consent, please contact any member of the Metactix team via www.metactix.com.
Agreed Usage and Limitations of the Services
Intended Use of Services. The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Metactix’ control, including data connection intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Metactix is not responsible for any damages allegedly caused by the failure or delay of the Services.
Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions except to the extent specifically provided in any Service Level Agreement (“SLA”).
Personal Information Protection
At Metactix, we are committed to providing our customers and users with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our customers, protecting their personal information is one of our highest priorities.
Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers' personal information and allowing our customers to request access to, copies of, and correction of, their personal information.
This policy applies to Metactix and its subsidiaries. Metactix will also use reasonable efforts to enforce this policy as to any service providers collecting, using or disclosing personal information on behalf of Metactix.
Unless the purposes for collecting personal information are obvious or the customer voluntarily provides his or her personal information, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
Examples of why we collect customer information:
To verify identity
To identify customer preferences
To understand the needs of our customers
To open and manage an account or subscription
To deliver requested products and services
To process a purchase transaction
To provide informational services
To enroll the customer in a program
To send out information about Metactix's products and services
To ensure a high standard of service to our customers
To meet regulatory requirements
To gather aggregated data on customers.
To gather customer-specific data as disclosed in the Terms and associated documents
In the event of a customer voluntarily providing his or her personal information to be shown in the public domain on Metactix, the customer will have the necessary control to modify or remove their public information at their discretion.
A public profile allows one to create a public presence within the Metactix community. It allows users to discover and connect with other Metactix community members including for the purposes of interaction, conducting video gaming and esports activities and other opportunities, and is intended for the facilitation of those activities. The information you add to your public profile will be available publicly through Metactix applications and websites.
We will obtain customer consent to collect, use or disclose personal information (except where, as noted otherwise, we are authorized to do so without consent).
Consent can be provided orally, in writing, electronically, through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer voluntarily provides personal information for that purpose.
Consent may also be implied where a customer is given notice and an opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products and the customer does not opt-out in accordance with the Privacy Act of 1974, the Canadian Anti-Spam Legislation (CASL), California Consumer Privacy Act (CCPA), and the General Data Protection Regulation (GDPR).
Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers can withhold or withdraw their consent for Metactix to use their personal information in certain ways. A customer's decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, Metactix will use reasonable efforts to explain the situation to assist the customer in making the decision.
We may collect, use or disclose personal information without the customer's knowledge or consent in the following limited circumstances:
When the collection, use or disclosure of personal information is permitted or required by law
In an emergency that threatens an individual's life, health, or personal security
When the personal information is available from a public source (e.g., a telephone directory or web site)
To professional service provides (e.g., attorneys, tax professionals, etc.)
For the purposes of collecting a debt
To protect ourselves from fraud
To investigate an anticipated breach of an agreement or a contravention of law
6. We will not sell customer lists or personal information to other parties unless we have consent to do so.
If we use customer personal information to make a decision that materially and adversely affects the customer, we will retain that personal information for at least one year so that the customer has a reasonable opportunity to request access to it.
We will retain customer personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
We will make reasonable efforts to ensure that customer personal information is accurate and complete where it may be used to make a decision about the customer or disclosed to another organization.
Customers may request corrections to their personal information in order to ensure its accuracy and completeness. To update personal information visit your account at www.metactix.com. You may also make a request to correct personal information in writing by providing sufficient detail to identify the personal information and the correction being sought. Requests for modification to personal information can be sent via our website’s online chat or to firstname.lastname@example.org.
If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and make reasonable efforts to send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the customer's correction request in the file. We may require proof to support the request for modification (e.g. identification, proof of address, credit card or bank account such as in the case of refunds).
We are committed to the security of customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. We have security measures to protect customer personal information. However, we cannot guarantee the confidentiality or integrity of any customer personal information.
We use appropriate security measures when destroying customer's personal information such as: shredding documents and deleting electronically stored information.
We continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Customers have a right to access their personal information, subject to limited exceptions as found in the previously mentioned data privacy acts, legislations and regulations, including items such as attorney-client privilege, disclosure that would reveal personal information about another individual, health and safety concerns, etc.
To access personal information visit your account via the Metactix website. You may also make a request via the Metactix website chat or by providing sufficient detail to identify the personal information being sought to support@Metactix.com.
Upon request, we will also tell customers how we use their personal information and to whom it has been disclosed, if applicable.
We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
A minimal and reasonable fee may be charged for providing access to personal information in certain circumstances in accordance with regulations. Where a fee may apply, we will inform the customer of the cost and request further direction from the customer on whether or not we should proceed with the request.
If a request is refused in full or in part, we will notify the customer in writing, providing the reasons for refusal and the recourse available to the customer.
Questions and Complaints: The Role of the Data Privacy Officer (DPO) or designated individual
The Data Privacy Officer or designated individual is responsible for ensuring Metactix's compliance with our data privacy and protection policies in accordance with the latest versions of the General Data Protection Regulation (GDPR) regulation.
EU Customers are welcome to direct any complaints, concerns or questions regarding Metactix's compliance in writing to the Data Privacy Officer.
Metactix is designed for optimal use with the latest browser versions. Due to the diversity of operating systems and web browsers, there may be parts of our site that do not work with all versions of web browsers.
Signing up for a service or purchasing a product from Metactix may require you to create a Metactix account with your email address and other personally identifiable information. Your email address entered becomes your username and is used to log into your Metactix account in conjunction with your entered Metactix account password. You can personally request to have this information (your Metactix account) removed by speaking with one of our support team members (see contact information below) or by email at email@example.com. To update your personal information (email address, password, etc.) on your registration, please visit your account via the Metactix website.
There are subscriptions to free publications across Metactix, including newsletters and other opt-in communications, at no charge.
Cancelling a subscription to a paid service does not cancel your subscription to a publication or your registration/membership at Metactix and vice versa. You may unsubscribe to individual publications using the unsubscribe link at the bottom of that particular email.
To cancel your subscription to a paid service, visit your account via the Metactix website or by speaking with one of our support team members (see contact information below) or by email at firstname.lastname@example.org. Be sure to include your Metactix account user name (typically the email address you used when creating your Metactix account or signing up for Metactix services) and account number. Your subscription service will be cancelled at the end of the day on the monthly anniversary date for monthly accounts billed on anniversary dates.
In the event of any dispute over monthly services billed, the maximum refund we are able to issue is equivalent to the amount charged to your account in the most recent billing period. To be eligible for a refund, the user must provide proof of cancellation that includes the cancellation date and the user name as well as proof of the charge.
Please ensure that in all correspondence with our support team you include your full name, Metactix account email address, account number, dany previous email addresses if applicable, phone number, city and country.
Authentication is required every time you access your account, and Metactix reserves the right to force re-authentication at any time you are interacting with Metactix products and services.
Sharing your Metactix login credentials with others is strictly prohibited, including with center administrators.
If you subscribe for paid services, your Metactix account will be emailed to you. Upon receipt of confirmation sent from Metactix containing your Metactix username and payment confirmation, you should be able to access the site. You may reset your password by visiting your account on the Metactix website.
If you did not include your credit card or bank account details in the online form, then your account will be activated as soon as payment information is received. You will be notified by email as soon as your account has been activated.
Metactix is an international company and may process payments in several currencies. Applicable taxes and fees may be added for non US Dollar transactions, unless otherwise specified.
For customers paying for service in one of our accepted currencies where that currency is different to your own currency, please note that we have no control over the exchange rate used by your credit card company or our payment gateway. If you have any concerns regarding the exchange rate used for your credit card transaction, please contact your credit card company directly.
If you are paying for a service by wire transfer, an additional charge may be added to your bill to cover any service charges.
Payment is accepted by check, ACH, or authorized credit card. A service charge may apply to credit card transactions. Contact our support team at email@example.com to inquire.
On initial subscription or enrollment, payment must be made for the appropriate set-up fee and first period. Thereafter, payment is due for the appropriate Metactix subscription fee per month in advance on the anniversary date. No reimbursements are made for cancellations mid-month. Receipts can be obtained via firstname.lastname@example.org.
The Customer shall be solely responsible for any fees or costs associated with any payment processing.
Please note that accounts are not activated until payment has been received and confirmed.
© Metactix LLC All Rights Reserved.
The content on our websites and other mediums (email, applications, social media, in print, etc.) is owned by Metactix LLC, in conjunction with others, pursuant to contractual arrangements, and the Services may be protected by patents and other intellectual property protections..
Without written permission, this content may not be reproduced, copied, captured into a database, or duplicated in any form for commercial gain except under the terms of a special formal agreement with Metactix and as permitted under copyright and/or patent law as appropriate.
Modification of content, or commercial use thereof, for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
You do not acquire any ownership rights by using any part of Metactix and associated services. Please respect our property, trademarks and copyright.
Text, search results, or other information may be downloaded, saved, or printed solely for private use of the individual or purchasing entity (individual, company, etc.). Commercial use of Metactix data is strictly prohibited without express consent from Metactix officials.
Commenting and Posting
We welcome your comments and posts where available on Metactix's suite of sites and within our influence on social media. We want to further the discussion and welcome your views.
Commenting and posting must be relevant, respectful of others and suitable for a general audience.
Metactix may re-publish reader's posts and comments, or use them in marketing material without prior consent.
Comments cannot have any of the following characteristics:
• Be abusive or prejudiced
• Solicitation for goods and services
• Use foul language
• Be libelous or knowingly false
• Reference adult content
• Contain spam
• Infringe upon the copyright or the property of others
Metactix may remove comments and posts at any time without notice. If a commentator is found to be in violation of these guidelines, the user may be banned from using Metactix services, including our applications, websites, and social media channels where applicable.
If you decide to post on or within the Metactix suite of sites, applications, channels, or within Metactix’s sphere of influence on these channels. you will be solely responsible for your actions. Comments are the views of the person who posted them and do not reflect the opinions of Metactix or it’s subsidiaries.
The information contained on Metactix’s properties has been collected from a variety of sources and by a variety of organizations and individuals, all considered reliable. All information is offered on a "best intentions" basis.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED HEREUNDER BY METACTIX “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. METACTIX DOES NOT MAKE, AND METACTIX EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES EXPRESS OR IMPLIED RELATING TO THE SERVICES AND OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. METACTIX DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH REGARD TO SECURITY OF CUSTOMER DATA OVER THE INTERNET. CUSTOMER IS SOLELY RESPONSIBLE FOR, AND METACTIX EXPRESSLY DISCLAIMS, ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES OF ANY KIND RELATING TO CONFIDENTIAL INFORMATION, USER DATA, CUSTOMER DATA, AND ANY MATERIALS SUPPLIED BY CUSTOMER. METACTIX SHALL NOT BE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR FRUSTRATION OF BUSINESS EXPECTATIONS, WHETHER ARISING OUT OF METACTIX’S BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE (EVEN IF METACTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
Limitation of Liability
METACTIX’S MAXIMUM LIABILITY HEREUNDER FOR ANY CLAIMS WHATSOEVER IS EXPRESSLY LIMITED TO THE AMOUNT PAID OR PAYABLE BY THE CUSTOMER TO METACTIX DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM, IF ANY. NO CLAIM MAY BE BROUGHT BY MORE THAN ONE YEAR AFTER THE ACCRUAL OF THE CLAIM.
Writers and contributors may be trading in or have positions in companies or initiatives mentioned in their articles. Neither Metactix, nor any of the contributors accept any liability arising out of the information contained in, or as a result of reading, Metactix articles.
Also, reference to any specific commercial products, process, service, manufacturer, or company does not constitute its endorsement or recommendation by Metactix. Metactix is not responsible for the contents of any "off-site" resources referenced.
The opinions expressed in the articles belong solely to the commentators and authors. They do not reflect the view of Metactix. Metactix uses Google and other market analysis tools, and anonymous demographic information is sometimes shared with our advertisers.
You agree to defend, indemnify and hold Metactix and its affiliates, licensors, and suppliers and their employees, officers, directors, agents, successors and assigns (the “Indemnitees”) harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) due to or arising out of: (i) your use of the Services; (ii) your violation of these Terms; or (iii) your violation of any applicable law or the rights of any third party. Each Indemnitee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate with its defense of such claims. You agree not to settle any such claim without the applicable Indemnitee’s prior written consent. Metactix will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Service Changes and Limitations
Metactix products and services change frequently, and their form and functionality may change without prior notice to you. Metactix retains the right to create limits on and related to use of Metactix products and services in its sole discretion at any time with or without notice. Metactix may also impose limits on certain products, services or aspects of those products and services or restrict your access to parts or all of the products and services without notice or liability. Metactix may change, suspend, or discontinue any or all of the products and services at any time, including the availability of any product, feature, database, or content.
The Services are an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits and occasionally suspend or terminate certain offerings.
Metactix may also terminate or suspend any account at any time. We only use that power when we have a reason as outlined in these policies.
Links to Other Sites
Throughout the site and applications, Metactix provides links to other sites for your convenience. These sites are independent from Metactix and Metactix does not endorse, control or make any representations, warranties or conditions concerning their contents or links. It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be deleted, changed or updated at any time without notice. Linked sites may have their own terms and conditions that you should locate and review.
In the event of any action arising out of or relating to these Terms (whether in contract, tort, or both), Metactix shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, incurred in connection with such action.
Any unauthorized assignment or transfer of rights shall be deemed void and unenforceable and subject to damages without the expressed written consent of Metactix.
Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without reference to any jurisdiction’s conflict of laws principles. All proceedings relating to the subject matter hereof shall be maintained exclusively in the courts situated in Franklin County, Ohio. Customer hereby consents to personal and exclusive jurisdiction and venue therein and hereby waives any right to object to the exclusive and personal jurisdiction of or venue in such courts.
Waiver. The failure of a party to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by one or both of the parties of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, or in any way affect the ability of a party to enforce each and every such provision thereafter.
Invalid Provisions; Severability. Any provision of this Agreement which is prohibited and unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or enforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.
Entire Agreement; General. These Terms, including all attachments and exhibits hereto, represents the complete understanding and agreement of the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether written or oral, between the parties. These Terms may not be modified or amended, except by a written instrument executed by each of the parties hereto. These Terms are for the sole benefit of the parties hereto and is not for the benefit of any third party. The language used in these Terms shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to rights granted herein or to any term of condition of these Terms.
Force Majeure. Except as to obligations to pay any amounts due hereunder, a party is not liable under these Terms for non-performance caused by events or conditions beyond that party’s control (each, a “Force Majeure Event”) if the party makes reasonable efforts to perform. Either party may terminate these Terms upon written notice to the other party if the Force Majeure Event continues more than thirty (30) days.
77 E Wilson Bridge, Ste 207
Worthington, Ohio 43085
Designated Privacy Officer
565 Metro Pl S #300
Dublin, OH 43017
Metactix reserves the right to change any of the above policies, terms and conditions at any time, without notice.