📜 Terms of Service

Last Updated: January 17, 2025

Please read these Terms of Service ("Terms", "Agreement") carefully before using Gemtra Games ("Service", "Website", "Platform", "we", "us", "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.

1. Nature of Service & Content Disclaimer

By using this Service, you acknowledge and agree that:

• We do not own the games - All games accessible through our platform are the intellectual property of their respective developers, publishers, and rights holders
• We are a redistributor - We provide links to and embed games hosted on third-party servers, acting solely as a directory and aggregation service
• We make no claims - We do not claim ownership, authorship, or any proprietary rights over any game content
• Games are provided "as-is" - We cannot guarantee game functionality, availability, safety, or content appropriateness
• Third-party hosting - Games are hosted on external servers we do not control, including but not limited to GitHub Pages, itch.io, game developer websites, and other third-party platforms
• Embedding only - We embed games via iframes; we do not store, modify, or distribute game files directly

2. Acceptance of Terms

By accessing, browsing, or using Gemtra Games in any manner, including but not limited to visiting or browsing the site, registering an account, playing games, or contributing content, you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms
• Represent that you have the legal capacity to enter into a binding agreement
• Agree to comply with all applicable local, state, national, and international laws and regulations
• Accept our Privacy Policy, which is incorporated herein by reference

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Eligibility & Age Requirements

3.1 General Eligibility

You must be at least 13 years of age to use this Service. By using the Service, you represent and warrant that you meet this minimum age requirement.

3.2 Parental Consent

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.3 Content Warnings

Our platform includes games across various genres, including horror games that may contain:

• Frightening or disturbing imagery
• Cartoon violence
• Jump scares
• Mature themes

Parents and guardians are advised to supervise younger users and review game content before allowing play. We are not responsible for ensuring age-appropriate content for individual users.

4. Description of Service

Gemtra Games provides a free platform that allows users to:

• Discover and access web-based games through embedded iframes
• Create accounts using Google authentication, email/password, or anonymous guest access
• Save favorite games and view play history
• Submit game requests, bug reports, suggestions, and feedback
• Communicate with administrators through our ticketing system
• Interact with an AI assistant for game recommendations
• View real-time statistics including play counts and online users

The Service is provided free of charge. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

5. User Accounts & Authentication

5.1 Account Creation

You may create an account through Google Sign-In, email/password registration, or use the Service anonymously as a guest. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized account access

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

5.3 Account Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without cause, with or without notice. Reasons may include, but are not limited to, violation of these Terms, suspected fraudulent activity, or inactivity.

6. User Conduct & Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

6.1 Illegal Activities

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Transmit any content that violates criminal laws or could give rise to civil liability
• Facilitate or encourage illegal activity by others

6.2 Harmful Content & Behavior

• Submit false, misleading, defamatory, or fraudulent information
• Harass, threaten, stalk, or intimidate other users or our staff
• Post content that is hateful, discriminatory, obscene, or offensive
• Impersonate any person or entity or falsely claim affiliation

6.3 Technical Violations

• Attempt to gain unauthorized access to our systems, servers, or databases
• Use automated scripts, bots, spiders, or scrapers without permission
• Interfere with or disrupt the Service or connected servers/networks
• Circumvent, disable, or interfere with security features
• Reverse engineer, decompile, or attempt to extract source code
• Introduce viruses, malware, or other harmful code

6.4 Abuse of Service Features

• Spam the request, feedback, or support systems
• Submit duplicate or frivolous requests repeatedly
• Abuse the AI assistant or attempt to manipulate its responses
• Create multiple accounts to circumvent restrictions

7. User Submissions & Communications

7.1 Content You Submit

When submitting game requests, bug reports, suggestions, feedback, or communicating through our support system, you:

• Grant us a non-exclusive, worldwide, royalty-free license to use, display, and process your submissions
• Represent that you have the right to submit such content
• Acknowledge that submissions are not confidential and may be shared with our team
• Understand that we are not obligated to respond to, fulfill, or implement any submission

7.2 Content Moderation

We reserve the right to review, reject, remove, or modify any user submission at our sole discretion, without notice or explanation.

7.3 Communication Records

All communications through our support ticketing system, including chat messages with administrators, are logged and retained for quality assurance and dispute resolution purposes.

8. Intellectual Property & Content Ownership

8.1 Game Content

Game developers and publishers include, but are not limited to:

• RobTop Games (Geometry Dash)
• Scott Cawthon / Steel Wool Studios (Five Nights at Freddy's)
• Mojang Studios / Microsoft (Minecraft-related content)
• Various independent developers and publishers

All trademarks, service marks, and trade names are the property of their respective owners.

8.2 Website Content

The original elements of our website design, including but not limited to layout, user interface, original text, and custom graphics (excluding game content), are owned by Gemtra Games or used with permission.

9. Third-Party Content & Embeds

9.1 Third-Party Game Hosts

Games accessible through our platform are hosted on third-party servers, including:

• GitHub Pages
• Itch.io
• Scratch (scratch.mit.edu)
• Game developer websites
• Various other hosting platforms

We have no control over these third-party platforms and are not responsible for their content, privacy practices, availability, or security.

9.2 Third-Party Services

Our platform integrates with third-party services including:

• Firebase (Google) - Authentication and database
• Cerebras AI - AI assistant functionality
• Google Fonts - Typography

Use of these services is subject to their respective terms of service and privacy policies.

9.3 Disclaimer

We do not endorse, warrant, or assume responsibility for any third-party products, services, content, or websites. Your interactions with third-party content are solely between you and that third party.

10. DMCA & Copyright Claims

10.1 Our Commitment

We respect intellectual property rights and will respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

10.2 Filing a DMCA Notice

If you believe your copyrighted work has been infringed, please send a notice to our designated agent containing:

1. Physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the material that is claimed to be infringing and its location on our site
4. Your contact information (address, telephone number, email)
5. A statement that you have a good faith belief the use is not authorized
6. A statement under penalty of perjury that the information is accurate and you are authorized to act

Send DMCA notices to: gemtrahelpcenter@gmail.com

10.3 Response to Valid Claims

Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content. We may also terminate accounts of repeat infringers.

11. AI Assistant Disclaimer

Our AI assistant is provided for informational and entertainment purposes only. You acknowledge that:

• AI responses are generated by machine learning algorithms and may contain errors
• We do not guarantee the accuracy, completeness, or reliability of AI responses
• The AI may provide outdated information about games
• You should not rely solely on AI recommendations for any purpose
• AI conversations may be processed by third-party AI providers (Cerebras)
• Do not share sensitive personal information with the AI assistant

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THIRD-PARTY GAMES, THEIR FUNCTIONALITY, OR SAFETY
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

13. Limitation of Liability

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM:
  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Third-party game content, functionality, or security

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO US IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Gemtra Games, its operators, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any third-party rights, including intellectual property rights
• Your User Submissions or content
• Any claim that your actions caused damage to a third party

15. Termination

15.1 By Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Upon request by law enforcement or government agencies
• Unexpected technical or security issues
• Extended periods of inactivity
• Our decision to discontinue the Service

15.2 By You

You may discontinue use of the Service at any time by simply ceasing to access the website and signing out of any account.

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. California-Specific Provisions

16.1 California Civil Code Section 1542

If you are a California resident, you waive California Civil Code Section 1542, which says:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

16.2 California Consumer Privacy Rights

California residents have additional rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details on your rights, including:

• Right to know what personal information is collected
• Right to delete personal information
• Right to opt-out of the sale of personal information (we do not sell personal information)
• Right to non-discrimination for exercising privacy rights

16.3 California Business and Professions Code § 17538

Pursuant to California Business and Professions Code Section 17538(d), we provide the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at:

1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
(916) 445-1254 or (800) 952-5210

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17.2 Informal Resolution

Before filing any formal legal claim, you agree to contact us at gemtrahelpcenter@gmail.com and attempt to resolve the dispute informally for at least 30 days.

17.3 Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding.

17.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the remaining provisions.

19. Waiver

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Gemtra Games regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements.

21. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Material changes will be announced on our platform at least 30 days before taking effect. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

We encourage you to periodically review these Terms for any changes. Changes to these Terms are effective when posted on this page with an updated "Last Updated" date.

22. Contact Information

For questions, concerns, or complaints regarding these Terms of Service, please contact us:

• Email: gemtrahelpcenter@gmail.com
• Subject Line: "Terms of Service Inquiry"
• Support Center: Available on our website

We will make every effort to respond to inquiries within a reasonable timeframe.