Terms of Service

The following terms and conditions outline the Terms of Service (“Terms of Service”), for the Terra website, Terra game platform and Terra community forum. By using the Terran Labs and/or Terra website, Terra game, and/or Terra community forum, - you are required to read, understand, and agree to these terms.​

Description of what we do

Terran Labs, Inc. (Terran Labs, Terra or “We”) provide a platform via its website and apps (the “Site”) to a community of users (“Users” and/or “You”) to play a game, upload and display screenshots (“Visual Content”) share comments, opinions and ideas (“Content”); (“Services”). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and/or Services.

Summary: We offer a gaming experience and a community in which all players can share comments, screenshots, opinions, and ideas.

Acceptance of terms

BY USING THE SITE AND/OR SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT. THE SITE AND/OR SERVICES ARE VOID WHERE PROHIBITED BY LAW.

Summary: By using Terra, you agree to all the terms as outlined. Agree? If so, continue using Terra. If not, don’t. That was easy.

Modification of terms

Terran Labs reserves the right, at its sole discretion, to modify and/or replace the terms of service at any time. If the alterations constitute a material change to the terms, Terran Labs will notify you by posting an announcement on the site. What constitutes a material change will be determined at our discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using the Site and/or Service and/or viewing any Content, Comments and/or Visual Content shall constitute your acceptance of the Terms as modified. In addition, when using particular features of the Site and/or Services, you shall be subject to any posted guidelines and/or rules applicable to such Site and/or Services. Your access to and use of the Site and/or Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance and/or repair of the Site and/or Services or any other reason within or outside the control of Terran Labs and/or Terra. We may also impose limits on certain features on the Site and/or Services or restrict your access to parts of or all of the Site and/or Services without notice or liability.

Summary: At times, things can go wrong and the site and/or services may be interrupted. It’s unlikely, but things happen. Like, life.

Registration

As a condition to using our Site and/or Services, you may be required to create an account with Terra, and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate suspension and/or termination of your access to the Site and/or Services. You may not use a username and/or a name of another person or entity or that is not lawfully available for use, a name and/or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar and/or obscene. Doing so may constitute a violation of terms and your account will be suspended and/or terminated without notice and/or liability to Terran Labs. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Terra account. Site and/or Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to access the Site and/or Services which may require a financial transaction between Terran Labs and You, or (ii) at least 14 years old, and who are authorized to access the Site by a parent and/or legal guardian. If you have authorized a minor to use the Site and/or Services, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site and/or Services by the minor. Terran Labs has a policy against supporting extreme violence and the objectification of individuals in all gaming platforms. We do not tolerate behavior by any member of the Terra Community that could be construed as bullying, racist, offensive, and/or rude (Please see USER CONDUCT for additional information).

Summary: You must use accurate information (and, if necessary, obtain permission from your parents or guardians) when creating an account for Terra.

User Conduct

As a condition of use, you promise not to use the Site and/or Services for any purpose that is unlawful and/or prohibited by these Terms, or any other purpose not reasonably intended by Terran Labs. By way of example, and not as a limitation, you agree not to use the Site and/or Services: To abuse, harass, threaten, impersonate or intimidate any person; To post and/or transmit, or cause to be posted or transmitted, any Visual Content and/or Communications that are libelous, defamatory, racist, orientation phobic, obscene, pornographic, abusive, offensive, inaccurate, profane, and/or that infringes on any individual and/or property right of any person; For any purpose (including posting and/or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Site and/or Services; To post and/or transmit, and/or cause to be posted and/or transmitted, any Communication designed or intended to obtain password, account, and/or private information from any Terra user; To create and/or transmit unwanted ‘spam’ to any person and/or technology platform; With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper and/or other automated means to access the Site and/or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, and/or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere and/or attempt to interfere with the proper working of the Site and/or Services and/or any activities conducted on the Site and/or Services; or (iii) bypass any measures we may use to prevent and/or restrict access to the Site and/or Services; To advertise to, or solicit, any user to buy and/or sell any third party products or services, or to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, and/or sell to any user without their prior explicit consent; or To sell and/or otherwise transfer your profile. To report suspected abuse of the Site and/or Services and/or any breach of the Terms (other than relating to copyright/trademark infringement which is addressed under the Copyright and Trademark Sections below) please send written notice to Terran Labs at: info@terranlabs.com You are solely responsible for your interactions with other users when using the Site and/or Services.

Summary: You cannot use the site and/or services to post pornographic material, harass people, send spam, and do other stuff you wouldn’t like done to you. Thank you for helping to create an environment where all feel appreciated and welcome!

Content Submission

By submitting Content, Comment and/or Visual Content to the site you are granting Terran Labs a worldwide, non-exclusive license to use the Content, Comments and/or Visual Content and are representing and warranting to Terran Labs that the Content, Comments and/or Visual Content is either owned or you are authorized to represent and/or distribute the Content, Comments and/or Visual Content, and that Terran Labs is free to publish, distribute and use the Content, Comments and/or Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party. In consideration of Terran Labs’ agreement to allow you to use the Site and/or Services, You acknowledge that: * Any Content, Comments and/or Visual Content submitted must be owned and/or authorized to you; * By submitting Content, Comments and/or Visual Content to the Site you grant to Terran Labs a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, Comments and/or Visual Content in connection with the Site and/or Services; * The license granted to Terran Labs includes the right to use Content, Comments and/or Visual Content fully and/or partially for promotional reasons and to distribute and redistribute Content, Comments and/or Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Content, Comments and/or Visual Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Terran Labs. Notwithstanding the foregoing, inadvertent failure to provide attribution shall not be the liability of Terran Labs.

Summary: Don’t share other people's content without permission.

Terran Labs has registered an agent with the United States Copyright Office and the United States Trademark Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Terran Labs reserves the right to remove any Content, Comments and/or Visual Content and/or Communications that allegedly infringes another person’s copyright. Terran Labs will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Please send any and all notices of infringement and/or if you suspect someone of infringement of any Terran Labs and/or Terra product to: info@terranlabs.com. Terran Labs, Terra, and other Terran Labs, Terra graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Terran Labs. Terran Labs’ trademarks and trade dress may not be used in connection with any product and/or service without the prior written consent of Terran Labs. The images and icons available in the Terran Labs and/or Terra icon pack may used by partners and third party sites in connection with providing appropriate links to the Terran Labs and/or Terra Site.

Summary: Please respect our trademarks and brands.

COPPA

Terran Labs, to the best of our ability, follows the rules and regulations of the “Children’s Online Privacy Protection Act of 1998” (COPPA). COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and/or on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age. For further information regarding COPPA, please see: https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions. If you suspect someone of violating and/or not following the rules and regulations as required by COPPA, please send an email to info@terranlabs.com.

Summary: Ask your Parent or Guardian for permission to play Terra if you are under 18.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Terran Labs, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and/or Services. You hereby agree to indemnify and hold harmless Terran Labs, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Site and/or Services, by you or any person using your account or Terran Labs, Terra Username and password, or (iv) any violation of any rights of a third party.

Summary: We are not liable if something goes wrong.

Termination

Terran Labs may terminate and/or suspend any and all aspects of the Site and/or Services and/or your Terra account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the site will immediately cease. If you wish to terminate your Terra account, you may simply discontinue using the Site and/or Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Summary: We may stop providing services at any time. You can also stop using your account and/or close your account at any time.

Warranty Disclaimer

YOU USE THE SITE AND/OR SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TERRAN LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TERRAN LABS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, © ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER TERRAN LABS NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. TERRAN LABS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TERRAN LABS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $50.00. YOU AND TERRAN LABS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TERRAN LABS AND ALL PARTIES TO ANY SUCH PROCEEDING. YOU FURTHER AGREE THAT ANY AND ALL PROCEEDINGS YOU BRING WILL BE ADJUDICATED WITH BINDING ARBITRATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TERRAN LABS, ITS AFFILIATES AND ITS SPONSORS, PARTNERS, OTHER CO-BRANDERS AND THE RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES OF EACH HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OR USE BY YOU OR ANY THIRD PARTY OF THE SITE AND/OR SERVICES. TERRAN LABS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. THE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WYOMING, AS IF MADE WITHIN WYOMING BETWEEN TWO RESIDENTS THEREOF, THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY AND IS EXPRESSLY EXCLUDED. ANY CONTROVERSIES OR DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION OR OF THE INTERNATIONAL CENTER FOR DISPUTE RESOLUTION TO BE HELD IN THE FOLLOWING JURISDICTION: [SEATTLE, WASHINGTON IN THE COUNTY OF KING]. THE PARTIES SHALL SELECT A MUTUALLY ACCEPTABLE ARBITRATOR KNOWLEDGEABLE ABOUT ISSUES RELATING TO THE SUBJECT MATTER OF THESE TERMS. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN ENGLISH AND ALL DOCUMENTATION SHALL BE PRESENTED AND FILED IN ENGLISH. ALL DOCUMENTS, MATERIALS AND INFORMATION IN THE POSSESSION OF EACH PARTY THAT ARE IN ANY WAY RELEVANT TO THE DISPUTE SHALL BE MADE AVAILABLE TO THE OTHER PARTY FOR REVIEW AND COPYING NO LATER THAN 30 DAYS AFTER THE NOTICE OF ARBITRATION IS SERVED. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO MODIFY ANY PROVISION OF THESE TERMS OR TO AWARD PUNITIVE DAMAGES. THE ARBITRATOR SHALL HAVE THE POWER TO ISSUE MANDATORY ORDERS AND RESTRAINT ORDERS IN CONNECTION WITH THE ARBITRATION. THE DECISION RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED IN CONFORMITY WITH THE DECISION IN ANY COURT HAVING JURISDICTION. THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS REASONABLE LEGAL COSTS RELATING TO THAT ASPECT OF ITS CLAIM OR DEFENSE ON WHICH IT PREVAILS, AND ANY OPPOSING COSTS AWARDS SHALL BE OFFSET. THE AGREEMENT TO ARBITRATION SHALL BE SPECIFICALLY ENFORCEABLE UNDER THE PREVAILING ARBITRATION LAW. DURING THE CONTINUANCE OF ANY ARBITRATION PROCEEDING, THE PARTIES SHALL CONTINUE TO PERFORM THEIR RESPECTIVE OBLIGATIONS UNDER THESE TERMS. THE PARTIES AGREE THAT, NOTWITHSTANDING ANY OTHERWISE APPLICABLE STATUTE(S) OF LIMITATION, ANY ARBITRATION PROCEEDING SHALL BE COMMENCED WITHIN TWO YEARS OF THE ACTS, EVENTS, OR OCCURRENCES GIVING RISE TO THE CLAIM. THESE TERMS CONSTITUTE THE ENTIRE UNDERSTANDING OF THE PARTIES AND SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS WRITTEN AND ORAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF. ANY RULE OF CONSTRUCTION STATING THAT AMBIGUITIES ARE TO BE RESOLVED AGAINST THE DRAFTING PARTY WILL NOT BE APPLIED IN THE CONSTRUCTION OR INTERPRETATION OF THESE TERMS. IF ONE OR MORE OF THE PROVISIONS HEREIN SHALL BE HELD INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEMENT OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED OR IMPAIRED. ANY INCONSISTENCY BETWEEN THESE TERMS IN ENGLISH AND THESE TERMS IN ANY OTHER LANGUAGE SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE RESOLVED BY REFERENCE TO THE ENGLISH VERSION. THE FAILURE TO ENFORCE OR THE WAIVER BY EITHER PARTY OF A DEFAULT OR BREACH OF THE OTHER PARTY SHALL NOT BE CONSIDERED TO BE A WAIVER OF ANY PRIOR, SUBSEQUENT OR OTHER DEFAULT OR BREACH.

Summary: We do our best to provide you with excellent service, but you use our services at your own risk.

Further Information

Terra.vision is in no way sponsored, endorsed, administered by, and/or associated with Facebook, Instagram, Youtube, Discord, Microsoft, Apple, and/or other platforms to which we may occasionally refer to and/or partner with.

Summary: We use these communication platforms and product partners just like you do. Act like a good neighbor as we are to them and they are to us.

Thanks for Reading!

We created Terra for the purpose of providing a game and a community for individuals to allow limitless creativity. It should always be fun, inviting and accessible.