Terms of Service

01About these terms

These Terms of Service (“Terms”) are an agreement between you and MewGem LLC (“MewGem,” “we,” “us”). They cover everything we run, together the “Services”:

• the websites mewgem.net and mewgem.me (My MewGem), and their subdomains;
• the MewGem Desktop app;
• spaces, profiles, organizations, memberships, redeem codes, reports and other My MewGem features;
• CES (Content Element Scripting, ces.mewgem.me), including creations, script repos and CatoScript;
• MewGem events, tournaments, conventions and check-in, both online and in person;
• the Vendor Program and the Developer Portal;
• our games, live shows (such as GemVerse Live) and support channels.

By creating an account or using the Services you agree to these Terms, our Privacy Policy and our Community Rules. Those documents, and any extra rules posted for a specific event, tournament or feature, form part of these Terms. If you don’t agree, please don’t use the Services.

Section 23 contains a binding arbitration agreement and a class action waiver. Please read it.

02Who can use MewGem

• You must be at least 13 years old.
• If you are a minor where you live (usually under 18), you need permission from a parent or guardian, and they should read these Terms with you.
• You can’t use the Services if you’re barred from doing so by law, or if we have previously banned you.
• If you use MewGem on behalf of a business, club or other organization, you confirm you are allowed to accept these Terms for it.

Some events may have their own age requirements (for example, venue rules for in-person events). These are shown on the event page.

03Your account

• One person, one account. Alternate accounts (“alts”) are not allowed. Organization accounts are allowed as long as they are used only for that organization.
• Give accurate information and keep it up to date.
• Keep your password and sign-in methods secure. You are responsible for activity on your account. Tell us right away if you think it has been compromised.
• Don’t impersonate anyone. Parody accounts are allowed only if they clearly say they are parody and don’t cause confusion or harm.
• Accounts, and anything bound to an account (memberships, purchased content, redeemed items), can’t be sold, traded or transferred.
• We may reclaim or change a username that is offensive, misleading, impersonates someone, or infringes someone else’s rights.

04Community Rules and moderation

Everyone on MewGem must follow our Community Rules. In short: respect other people, don’t spam, tag your posts correctly (including warning tags), don’t abuse bots or bugs, and don’t post illegal or harmful content.

Reporting

You can report content, accounts, spaces, events or vendors from inside My MewGem, and follow what happens to your reports under My Reports. Please don’t file false or abusive reports.

What we may do

To keep the Services safe we may review content that is reported to us or flagged by our systems. We may remove or hide content, add or correct warning tags, limit features, remove you from an event, or suspend or ban accounts. We decide how to act based on how serious the problem is, and we have the final say.

Appeals

If you think we got something wrong, you can appeal by opening a ticket at support.mewgem.me. Tell us your username and what happened. A person on our team will review it.

05Your content

“Your content” means anything you post or upload: posts, comments, messages, images, videos, profile details, CES creations and scripts, event listings, vendor listings and so on.

• You own your content. We don’t claim ownership of it.
• So that we can run MewGem, you give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display, format and share your content to operate, improve, and promote the Services. This includes showing it to the people you shared it with and letting our service providers process it for us.
• This license ends when you delete the content or your account. It doesn’t end for copies that others have already shared, for copies we need to keep for legal or safety reasons, or for backup copies until they are overwritten.
• You confirm that you have the rights to post your content, that it doesn’t infringe anyone’s rights, and that you have permission from anyone who can be identified in it.
• You are responsible for your content. We don’t endorse what users post, and we aren’t required to monitor it, though we may review it (see section 4).

06Spaces and organizations

• Spaces are community areas created and run by users or organizations. Their owners and moderators can set extra rules and moderate their space. Those rules can be stricter than ours, but they can’t allow anything our Terms or Community Rules forbid.
• Organizations are accounts for clubs, studios, businesses and other groups. The people who manage an organization are responsible for how it is used, including the events it hosts and the members it adds.
• We may step in, remove a space or organization, or change who manages it if it breaks our rules or is abandoned.

07Events, tournaments and check-in

My MewGem lets MewGem and our community host events, from online watch parties to in-person conventions and tournaments.

• Who runs the event. Each event page shows its host. MewGem is responsible for events we host. Community and organization hosts are responsible for their own events, including their rules, prizes, schedule and venue.
• RSVPs and tickets. An RSVP doesn’t guarantee entry. Capacity, venue rules, age limits and entry requirements set by the host apply.
• Check-in. When you check in with your MewGem account, we record your attendance. The event host can see it.
• Conduct. Our Community Rules apply at events, both online and in person, along with any venue rules. Hosts and MewGem staff may remove anyone who breaks them. Removal does not entitle you to a refund.
• Tournaments. Tournament organizers set the format, eligibility and prizes, and decide disputes. Cheating, exploiting bugs, or playing on someone else’s account can lead to disqualification and account action.
• Recording. Some events are streamed or recorded (for example, GemVerse Live). The event page will say so. If you take part in a recorded event, you may appear in the stream or recording.
• In-person safety. You attend in-person events at your own risk and are responsible for your belongings and your own conduct.

08Memberships, purchases and redeem codes

Memberships

• My MewGem has a free plan and optional paid memberships.
• Paid memberships are billed monthly or yearly and renew automatically at the then-current price until you cancel. By subscribing, you authorize us to charge your payment method each billing period.
• You can cancel any time from Membership → Manage Billing. Cancelling stops future renewals. Your benefits continue until the end of the period you’ve paid for.
• If we change the price of a membership, we’ll let you know before the change applies to your next renewal.

Payments

• Online payments are processed by Stripe. At some in-person events we may also accept cash.
• Prices are in U.S. dollars. Applicable taxes are added where required.
• We may correct pricing errors, and we may refuse or cancel orders that appear fraudulent or abusive.

Redeem codes and digital items

• Redeem codes and digital items have no cash value. They can’t be exchanged for money and can’t be resold.
• A code may have an expiry date or other conditions, which will be shown when it is issued.
• Codes obtained through fraud or unauthorized resale may be cancelled.

09Refunds

All sales are final and we don’t offer refunds, except where the law requires one or where we say otherwise for a specific purchase or event.

If an event we host is cancelled, we’ll explain on the event page what happens to tickets or fees. If you think you were charged by mistake, contact us before you dispute the charge with your bank. We may suspend an account while a chargeback is open.

10Vendor Program

The Vendor Program lets approved sellers book tables at MewGem events.

• Two steps. First apply to the program. Staff review your application and email you with the decision either way. Once you’re approved, you apply separately for each event using Apply as Vendor. Approval for one event doesn’t guarantee a table at another.
• You run your own business. You are responsible for what you sell, your prices, your payments and refunds, and any taxes, licenses or permits you need. Sales are between you and your buyers. MewGem is not a party to them.
• What you can’t sell. Nothing illegal, counterfeit or infringing, and nothing that breaks our Community Rules or the venue’s rules. You also can’t sell MewGem accounts or account-bound items.
• Table terms. Table fees, setup times and venue requirements for each event are shown when you apply and are part of your agreement for that event.
• We may deny, suspend or remove a vendor’s approval, or remove a vendor from an event, for rule breaks, customer complaints or safety concerns.

11Developers and apps

The Developer Portal lets verified developers build apps that connect to MewGem using OAuth.

• Verification. You need a verified developer account. We review each project and the data it needs, and we may approve or decline it.
• Only the scopes you need. Request only the scopes your app needs, and use the data you receive only for the purpose you told us and your users about. Privileged scopes (for example, for Tier 2 partners) may come with extra requirements.
• Protect your credentials. Keep client secrets on your server, never in client-side code. We show a secret only once, and you are responsible for anything done with it.
• Respect users. Have a clear privacy policy. Don’t sell or share MewGem user data. Delete a user’s data when they disconnect your app or ask you to. Don’t pretend to be MewGem or imply we endorse your app.
• No abusive automation. No scraping, spamming, scams, mass account creation, or getting around rate limits and other technical restrictions.
• We may change the API, limit access, or suspend or revoke apps and credentials at any time, especially to protect users.

12MewGem Desktop and software

We give you a personal, non-exclusive, non-transferable, revocable license to install and use MewGem Desktop and our other software to access the Services. The software may update itself to fix bugs, improve security or add features.

You may not copy, modify, distribute, sell, or reverse engineer our software, except where the law expressly allows it.

13Things you must not do

In addition to our Community Rules, you agree not to:

• break the law, or help anyone else break it, using the Services;
• harass, threaten, scam, or defraud anyone, including trying to get other people’s passwords or account details;
• scrape, data-mine or copy the Services in bulk without our written permission, or use unauthorized bots or scripts;
• interfere with or overload the Services, spread malware, or get around security or access restrictions;
• exploit bugs or unintended behavior. Report them to us instead;
• use CES creations or CatoScript to mislead, phish or spam people, hide content from moderators, or disrupt other users’ experience;
• create accounts by automated means or under false pretenses, or come back after being banned;
• buy, sell or trade accounts or account-bound items;
• send unsolicited advertising or collect users’ information to spam them;
• harass or abuse MewGem staff, moderators, event staff or vendors;
• remove copyright or other ownership notices.

14Our intellectual property

The Services, including our software, designs, text, graphics, characters and games, and the MewGem name and logos, belong to MewGem LLC or our licensors and are protected by law. These Terms don’t give you any rights to our trademarks or brand. You may share links and screenshots of MewGem in ordinary, non-misleading ways.

15Feedback

We love hearing ideas. If you send us feedback or suggestions, we may use them without any obligation to you.

16Copyright complaints

We respect intellectual property rights. If you believe something on MewGem infringes your copyright, email contact@mewgem.net with the subject “Copyright notice” and include:

• your name and contact details, and your physical or electronic signature;
• a description of the copyrighted work;
• a link to, or description of, where the material appears on MewGem;
• a statement that you believe in good faith that the use isn’t authorized by the owner, its agent, or the law;
• a statement, made under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for the owner.

We may remove the material and share your notice with the person who posted it. If your content was removed and you believe that was a mistake, you can send us a counter-notice. We disable the accounts of people who repeatedly infringe. Knowingly false notices may make you liable for damages.

17Third-party services

The Services connect to services we don’t control, such as Discord, Stripe, third-party apps built on our Developer Portal, vendors’ shops and event venues. Their own terms and policies apply to them, and we aren’t responsible for them.

18Suspension and termination

• You can stop using MewGem and delete your account at any time.
• We may suspend or end your access, remove content, or delete your account if you break these Terms or the Community Rules, if we are required to by law, or if we need to protect users, MewGem or others. Where we reasonably can, we’ll tell you why.
• If your account is banned, you may not create a new one or use someone else’s.
• Sections that by their nature should continue after termination (such as content licenses already used, payment obligations, disclaimers, limits of liability and dispute resolution) continue.

19Changes to the Services and these Terms

MewGem is always evolving. We may add, change or remove features, and we may occasionally be unavailable for maintenance or because of problems outside our control.

We may update these Terms from time to time. When we do, we’ll change the “Last updated” date. For significant changes, we’ll also try to let you know in the app or by email. If you keep using the Services after changes take effect, you accept the updated Terms.

20Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON’T GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE AREN’T RESPONSIBLE FOR USER CONTENT, EVENTS HOSTED BY OTHERS, VENDORS’ GOODS, THIRD-PARTY APPS, OR THE CONDUCT OF OTHER USERS, ONLINE OR OFFLINE.

21Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MEWGEM AND ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO $0.00 USD. SOME JURISDICTIONS DON’T ALLOW THESE LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22Indemnification

You agree to defend, indemnify, and hold harmless MewGem LLC and its owners, employees and agents against third-party claims, losses and costs (including reasonable attorneys’ fees) arising from your content, your use of the Services, events you host, goods you sell as a vendor, apps you build, or your breach of these Terms or anyone’s rights.

23Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules.

Talk to us first

If you have a dispute with us, contact us first. Both sides agree to try to resolve it informally for at least 30 days after one side gives written notice.

Binding arbitration

If we can’t resolve it informally, the dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules where applicable (see adr.org). Unless the rules or the law require otherwise, the arbitration will take place in Miami, Florida, or it can be held by video, by phone, or on written submissions. You and MewGem each give up the right to a jury trial.

No class actions

Disputes will be resolved individually. Neither side may bring or join a class, collective or representative action.

Exceptions

Either side may bring claims in court about intellectual property, theft, piracy, invasion of privacy or unauthorized use, or seek injunctive relief. Any dispute that goes to court will be heard in the state or federal courts for the Southern District of Florida, and both sides consent to their jurisdiction. If any part of this section is found to be unenforceable, that part won’t apply, and the rest of this section still does.

24General

• These Terms, together with the documents they refer to, are the entire agreement between you and MewGem about the Services.
• If any part is found to be unenforceable, the rest still applies.
• If we don’t enforce something right away, we haven’t given up our right to enforce it later.
• We may transfer these Terms as part of a merger, acquisition or sale of assets. You may not transfer them without our consent.
• We aren’t liable for delays or failures caused by events beyond our reasonable control.
• You agree that notices, agreements and records we give you electronically satisfy any requirement that they be in writing.
• California residents: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

25Contact

Questions about these Terms? Reach us at contact@mewgem.net, call or text +1 866-MEW-GEM0, or visit our support center at support.mewgem.me.