Last update: January 27, 2020
Acceptance of Terms
Changes to the Terms or Services
We reserve the right to modify these Terms at any time. We will notify you by posting the amended Terms on the Site or the Application, or by any other means of communication. It is important that you review the Terms following each amendment we make; if you continue to use the Services following the posting of these amended Terms on the Site or the Application, or otherwise communicated, you agree to be bound by such amended Terms. If you do not agree to be bound by these amended Terms, do not use the Services. Because our Services evolve over time, we may change or discontinue all or part of the Services at any time without notice.
Rights concerning the Application
Subject to your compliance with these Terms, Metropolis grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of the Application on a mobile device to execute such copy of the Application for personal, non-commercial purposes only. Except as expressly provided in these Terms, you may not: (a) copy, modify or create derivative works from the Application; (b) distribute, transfer, assign, lease, rent, loan or license the Application to any third party; (c ) reverse engineer, decompile or disassemble the Application; or (d ) make the functionality of the Application available to multiple users by any means. Metropolis reserves all rights to the Application not expressly granted by these Terms.
Additional Terms for App Store Applications: If you have accessed the Application or if you have downloaded it from the Apple Store, you agree to use the Application only: (a) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (b) to the extent permitted by the "Rules of Use" set forth in the Apple Store Terms of Service. If you have accessed or downloaded the Application through an App Store or distribution platform (such as Apple Store, Google Play, or Amazon Appstore) (each called an " Application Provider "), then you agree and accept that: These Terms are part of an agreement between you and Metropolis only, and not with an Application Provider, and that, between you and the Application Provider, Metropolis is solely responsible for the Application. The Application Provider has no obligation to provide maintenance and support services in relation to the Application. If one of the warranties relating to the Application is not respected, you may notify the Application Provider so that it may reimburse you for the purchase price of the Application (if applicable) and, within limits imposed by law, the Application Provider will have no other warranty obligation relating to the Application. Any other claim, loss, liability, damage, cost, or expense attributable to any failure of an Application relating to a warranty will be Metropolis's sole responsibility. The Application Provider is not responsible for resolving any claim you may make or any claim of any third party relating to the Application or your possession and use of the Application, including but not limited to : (i) claims for product liability; (ii) any claims attributable to the failure of the Application to comply with applicable legal and regulatory requirements; and (iii) claims under consumer protection or similar laws. If a third party alleges that the Application or your ownership or use of the Application infringes its intellectual property rights, Metropolis will be solely responsible for investigating, defending, resolving and settling any intellectual property rights infringement, to the extent required by these Terms. The Application Provider and its affiliates are third party beneficiaries under these Terms with respect to your license to the Application and, based on your acceptance of the terms and conditions of these Terms, the Application Provider shall have the right (and shall be deemed to have accepted the right) to enforce you, as a third party beneficiary, to comply with them and you must also comply with all third party Terms of Service in effect at the time of use of the Application. You agree to comply with all French and European export laws and regulations to ensure that neither the Application nor the technical data linked to it, nor any direct product thereof is exported or re-exported, directly or indirectly, in violation of such laws and regulations, or used for any purpose prohibited by such laws and regulations. By using the Application, you represent and warrant that : (i) you do not reside in a country subject to an embargo by the French Republic or the European Union or considered by the latter as a country supporting terrorism.
Content and rights related to the content
For the purposes of the application of these Terms : (a) " Content " means text, software, scripts, illustrations, photographs, sound, music, video, audio-visual combinations, interactive features, copyrighted works of any kind, and information or other materials that are displayed, generated, provided, or otherwise made available on the Services; and (b) " User Content " means any content that account holders (including you) make available on the Services. Content includes, but is not limited to, User Content.
To the extent that you agree to these Terms, Metropolis grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable and revocable license to download, view, display and use the content only in connection with your authorized use of the Services.
Ownership of Content
Metropolis claims no ownership rights in User Content and nothing in these Terms shall be deemed to limit any rights you may have to use and exploit your User Content. Subject to the foregoing, Metropolis exclusively owns all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark or other laws of the Republic of France and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights you grant
By making any User Content available through the Services, you grant Metropolis a universal, perpetual, royalty-free, non-exclusive, irrevocable, transferable, sub-licensable license to use, copy, modify, create derivative works based on, publicly display, publicly perform, and distribute such User Content for the purpose of operating and providing the Services and Content to you and other account holders. You are solely responsible for your User Content. You represent and warrant that you own all of your User Content or have all rights necessary to grant us the license rights to your User Content under these Terms. You further represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by Metropolis on or through the Services will infringe, misappropriate or violate any third party intellectual property rights, rights of privacy or publicity, or violate any applicable law or regulation. Metropolis may reject any submission in which it believes, in its sole discretion, that User Content is inappropriate or violates the Community Forum Guidelines or these Terms. Metropolis further reserves the right to remove any User Content from the Services, at any time and without notice and for any reason whatsoever.
The Application allows Account Holders to trade virtual items, including but not limited to real world buildings (" Trade Items ") during play. Trade Items are obtained free of charge in-game. Trade Items are a category of content and Metropolis grants you a limited, non-transferable, non-sublicenseable and revocable license to use them for your personal, non-commercial use of the Services. You acknowledge that you may not acquire any ownership rights in the Trade-ins and that they have no monetary value. Redemption Items may be exchanged with other Account holders for other Redemption Items, but they may not be sold, transferred, or exchanged for "real" goods, "real" money, or "real" services or any other compensation or consideration from us or anyone else.You also agree to obtain Trade Items only from other Account Holders and through the means we provide, and not through any platform, exchange, intermediary, or other third party mechanism, unless expressly authorized. We may cancel any Trade Item sold, transferred or exchanged in violation of these Terms. Any such sale, transfer or exchange (or attempt to do so) is prohibited and may result in the termination of your account. As noted below, all Trade Items and other content are provided "as is" without warranty of any kind.
Conduct, General Prohibitions and Enforcement Rights of Metropolis
You acknowledge that you are responsible for your conduct and any User Content you use in connection with the Services, and for all consequences arising therefrom. By way of example, but without limitation, when using the Services and Content, you agree not to :defame, abuse, harass, harm, abuse, harass, injure, sue, threaten or otherwise violate any legal rights (including rights of privacy or publicity); upload, post, email, transmit or otherwise make available any unlawful, inappropriate, defamatory, libelous, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or messages;promote or engage in discrimination, intolerance, racism, hatred, or harassment against any individual or group; introduce, or in any way attempt to introduce, or in any way enter or access any property or site for which you have no right or license; violate, or encourage conduct that would violate any applicable law or regulation or give rise to civil liability;upload, post or otherwise make available commercial messages or advertisements, pyramid schemes, and other disruptive communications; impersonate or misrepresent your affiliation with another person or entity; promote or provide instructional information about illegal or harmful activities or substances; promote or engage in physical harm, violence or injury against any group or individual;transmit viruses, worms, defects, Trojan horses or other items of a destructive nature; transmit false, falsified, misleading or inappropriate data, corrections or deletions; publish, upload, disclose, submit or transmit any content that infringes, misappropriates or violates the patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of privacy or publicity of others;use, display, reflect, or frame the Services or any individual element within the Services, the Metropolis name, any Metropolis trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of Metropolis; or access, alter, or use non-public areas of the Services, Metropolis computer systems, or the technical delivery systems of Metropolis suppliers;attempt to probe, scan or test the vulnerability of any Metropolis system or network or to breach any security or authentication measures;avoid, bypass, remove, deactivate, disable, alter, descrambling, or otherwise circumvent any technical measures implemented by Metropolis or one of Metropolis' suppliers or any third party (including another user) to protect the Services or content;attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Metropolis or other third party web browsers generally available (including, but not limited to, desktop software, crawlers, bots, spiders, data mining tools, or hacks, tools, agents or any other device) ;extract, index, browse, copy or reflect the Services or content or parts thereof (including, but not limited to, the Buildings database and other user or game information);use meta tags or any other hidden text, or metadata utilizing a Metropolis trademark, logo, URL, or product name without the express written consent of Metropolis;forge TCP/IP packet headers or any part of the header information in any electronic or newsgroup posting, or in any way use the Services or Content to send false, misleading or altered source identification information;
attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services or Content; interfere or attempt to interfere with any user, host, or network access, including, but not limited to, the sending of a virus, overloading, flooding, spamming, or mass e-mailing to the Services;take any action that imposes or could impose an unreasonable or disproportionate burden on the Services or Metropolis' infrastructure; delete, obscure or modify in any way any attribution, disclaimer, or link that appears in the Services or Content;use the Services or Content, or any part thereof, for commercial purposes or for the benefit of a third party or in a manner not permitted by these Terms, including, but not limited to (a) collecting items from the Application or resources for sale outside of the Application, (b) performing services on the Application in exchange for payment outside of the Application, or (c) selling, reselling, renting or lending the Application or your account;collect or store personally identifiable information from the Services of other users of the Services without their express permission; violate any applicable law or regulation; or encourage or permit any other person to do any of the foregoing. While we are not obligated to monitor access to or use of the Services, or edit, review or modify any content, we may do so for the purpose of operating the Services, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. We reserve the right, but have no obligation, to remove or disable access to any content at any time without notice, including, but not limited to, if in our sole discretion we determine that such content is objectionable or in violation of these Terms. We reserve the right to investigate such violations, or any conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Your feedback, comments and suggestions for improving the Services (" Feedback ") are welcome. You can share your feedback by finding us on Facebook or Twitter. You grant us a universal, perpetual, royalty-free, non-exclusive, irrevocable, fully paid, transferable and sub-licensable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based on, and in any way exploit your Feedback.
Copyright Policy / DMCA
Metropolis respects copyright law and expects its users to do the same. It is Metropolis' policy to appropriately terminate the accounts of users who repeatedly infringe, or are suspected of repeatedly infringing, the copyright of copyright owners.
Links to third party websites or resources
The Services and Applications may contain links to third party sites or resources. We provide these links only as a convenience to you and are not responsible for any content, products or services available on or through any such linked site, resource or link. You acknowledge sole responsibility and assume all risks arising from your use of such third party websites or resources.
We may terminate your access to and use of the Services, in our sole discretion, at any time without notice. You may cancel your account at any time by contacting us at email@example.com. In the event of termination, deletion or cancellation of the Services or your account, the following provisions of these Terms will remain in effect: Notice of Arbitration; Ownership of Content; Rights You Grant; Effect of Termination on Trading Items, Virtual Money, and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; Terms and Conditions; and this Termination Section.
Disclaimer of Warranties
YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, METROPOLIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR CONFORMITY, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. Metropolis makes no warranty that the Services will meet your needs or will be available without interruption, secure and error-free, and with respect to the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Content.YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT METROPOLIS DOES NOT CONTROL OR INQUIRE ABOUT THE ORIGIN OF USERS OF THE SERVICES. METROPOLIS MAKES NO WARRANTIES OR ASSURANCES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS ASSOCIATED WITH YOUR ONLINE OR OFFLINE COMMUNICATIONS, YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, ESPECIALLY IF YOU CHOOSE TO MEET OFFLINE OR IN PERSON.
You agree to indemnify and hold harmless Metropolis and their officers, directors, employees and agents from and against any and all claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting from or otherwise related to (a) your access or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
Limitation of Liability
TOTHE LIMITATIONS PERMITTED BY LAW, NO METROPOLIS OR ANY OTHER THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR PRESENTATION OF THE SERVICES OR CONTENT SHALL BE LIABLE FOR ANY DIRECT DAMAGES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURES OR COSTS OF SUBSTITUTE SERVICES, RELATING TO THESE TERMS AND CONDITIONS, OR THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, OR ANY COMMUNICATION, INTERACTION, OR MEETING WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE AND INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND IF METROPOLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF THE ESSENTIAL PURPOSE OF ANY REMEDY REFERRED TO HEREIN HAS FAILED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These Terms and any action related to them shall be governed by the laws of the French Republic, without regard to its conflict of laws provisions. They constitute the entire and exclusive agreement between you and Metropolis regarding the Services and Content, and supersede all prior oral or written agreements or understandings between you and Metropolis regarding the Services and Content. If any provision of these Terms is determined to be invalid or unenforceable (by a court of competent jurisdiction in accordance with the terms set forth above), such provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Metropolis. Any attempt to assign or transfer them without such consent will be void. Metropolis may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of each party's successors and permitted assignees and all notices and other communications provided by Metropolis under these Terms, including those regarding changes to these Terms, will be given : (a) by e-mail, or (b) by posting them on the Services. The failure of Metropolis to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any such right or provision shall be effective unless in writing and signed by a duly authorized representative of Metropolis. Except as otherwise expressly provided in these Terms and Conditions, the exercise by any party of any of its remedies under these Terms and Conditions shall be without prejudice to any other remedies under these Terms and Conditions or otherwise.
For any questions regarding these Terms and Conditions or services, please contact Metropolis at firstname.lastname@example.org.