1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your," "Player") and the operator of youarenotit.com ("Operator," "we," "us," "our," "the Service," "You Are Not It"). By accessing, browsing, or using the Service in any manner, including but not limited to visiting the website, creating or joining a game, or participating in any game session, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree to these Terms, you must immediately cease all use of the Service and not participate in any game sessions. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes.

These Terms incorporate by reference our Privacy Policy, which governs our collection, use, and disclosure of your information.

2. Description of Service

You Are Not It is a free, browser-based, real-world GPS tag game ("Game") that facilitates outdoor, location-based gameplay among participants. The Service provides a digital platform that uses GPS technology to track players' locations in real-time, enabling a physical game of tag played in real-world outdoor environments.

You expressly acknowledge and understand that:

• The Game requires physical activity in real-world outdoor settings, including but not limited to running, sprinting, dodging, sudden changes of direction, and rapid movement over varied terrain;
• The Game is played using GPS location data, which is inherently imprecise and may contain errors, delays, or inaccuracies;
• The Service is provided entirely free of charge, on an "as is" and "as available" basis, with no guarantees of any kind;
• The Operator does not supervise, monitor, or control any game sessions, player behavior, or the physical environments in which games are played;
• The Operator is a technology provider only and does not organize, host, direct, or manage any physical gameplay activities.

3. Eligibility and Age Requirements

To use the Service, you must meet the following eligibility requirements:

1. Minimum Age. You must be at least thirteen (13) years of age to use the Service. If you are under thirteen (13) years of age, you are prohibited from using the Service in any capacity.
2. Parental Consent. If you are between thirteen (13) and seventeen (17) years of age (inclusive), you may only use the Service with the express, verifiable consent and ongoing supervision of a parent or legal guardian. By permitting a minor to use the Service, the parent or legal guardian agrees to be bound by these Terms on behalf of the minor and accepts full responsibility for the minor's use of the Service and participation in any game sessions, including all risks described herein.
3. Legal Capacity. If you are eighteen (18) years of age or older, you represent and warrant that you have the legal capacity to enter into this binding Agreement.
4. Physical Fitness. You represent that you are in adequate physical condition to participate in vigorous outdoor physical activity and that you have no medical condition, disability, or impairment that would prevent safe participation or that would be aggravated by running, sprinting, or similar physical exertion. You are solely responsible for determining your fitness to participate.

4. Account and Authentication

The Service uses Firebase Anonymous Authentication, which means:

• You are not required to create a traditional account or provide personal identifying information such as a name, email address, or phone number;
• A temporary, anonymous identifier is automatically generated for your session;
• You are responsible for all activity that occurs under your session identifier;
• Session data is ephemeral and may be lost at any time without notice;
• The Operator makes no guarantee of continuity, persistence, or recoverability of any session data, game history, or player statistics.

5. Assumption of Risk

This section is critically important. Please read it carefully.

You expressly acknowledge, understand, and voluntarily assume all risks associated with using the Service and participating in any game sessions, whether known or unknown, foreseen or unforeseen. These risks include, but are not limited to:

5.1 Physical Injury Risks

• Slips, trips, falls, collisions with other players, objects, structures, or vehicles;
• Sprains, strains, fractures, dislocations, concussions, lacerations, abrasions, contusions, and any other bodily injuries;
• Injuries resulting from uneven terrain, wet surfaces, hidden obstacles, holes, debris, or environmental hazards;
• Overexertion, heat exhaustion, heat stroke, dehydration, hypothermia, cardiac events, or other medical emergencies;
• Injuries caused by contact with other players, bystanders, animals, or insects;
• Injury or death.

5.2 Environmental and Location Risks

• Entering private property, restricted areas, or locations where you do not have legal authorization to be;
• Trespassing on private, commercial, governmental, or military property;
• Entering areas that are inherently dangerous, including but not limited to construction zones, roadways, bodies of water, cliffs, steep inclines, railway corridors, parking structures, or abandoned buildings;
• Exposure to inclement weather conditions, extreme temperatures, lightning, flooding, or other natural hazards;
• Encountering hazardous terrain, wildlife, stray animals, toxic plants, or contaminated areas;
• Playing in areas with vehicular traffic, pedestrian congestion, or other public safety hazards.

5.3 GPS and Technology Risks

• GPS location data being inaccurate, delayed, or completely incorrect, potentially leading you to unsafe or unauthorized locations;
• Signal loss, interference, or degradation due to atmospheric conditions, physical obstructions, device limitations, or network congestion;
• Game boundary displays being inaccurate or not reflecting actual physical boundaries, private property lines, or hazardous areas;
• Distraction caused by looking at your device screen while moving, leading to collisions, falls, or failure to observe environmental hazards;
• Battery drain rendering your device inoperable during gameplay.

5.4 Third-Party and Interpersonal Risks

• The behavior, actions, or negligence of other players, bystanders, or third parties;
• Confrontations or conflicts arising from gameplay activities in public or private spaces;
• Interactions with property owners, law enforcement, security personnel, or members of the public who may object to gameplay activities in their vicinity;
• Criminal activity by other players or third parties.

By using the Service, you voluntarily assume the entire risk of all such hazards and dangers, whether or not described above, and you waive, release, and forever discharge the Operator from any and all claims, demands, actions, or causes of action arising out of or relating to any loss, damage, injury, or death that may be sustained by you or any property belonging to you in connection with your use of the Service or participation in any game session.

6. Physical Activity Waiver and Release

Waiver and Release of Claims. To the maximum extent permitted by applicable law, you hereby voluntarily waive, release, and forever discharge the Operator, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, suits, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) of any kind or nature, whether known or unknown, that you now have or may hereafter have, arising out of, relating to, or in any way connected with:

1. Your participation in any game session or use of the Service;
2. Any physical injury, illness, disability, death, or property damage you may suffer as a result of your participation;
3. Any acts or omissions of other players, participants, bystanders, or third parties;
4. Any failure, malfunction, or inaccuracy of GPS technology, the Service's software, or any third-party services used in connection with the Service;
5. Any condition of any premises or location where you choose to play the Game.

You acknowledge that this waiver and release includes, but is not limited to, claims based on the negligence, action, or inaction of the Released Parties.

In jurisdictions where waivers of negligence are prohibited or restricted, this waiver shall be enforced to the maximum extent permitted by law.

7. Player Conduct and Safety

When using the Service and participating in any game session, you agree to:

1. Obey all applicable local, state, national, and international laws, ordinances, and regulations at all times;
2. Respect all private property boundaries, "No Trespassing" signs, restricted areas, and access restrictions;
3. Not enter any area where you do not have legal authorization to be;
4. Maintain awareness of your physical surroundings at all times and not allow the Game to distract you from environmental hazards;
5. Not play in roadways, highways, rail corridors, construction zones, bodies of water, or any other inherently dangerous areas;
6. Not engage in any dangerous, reckless, aggressive, threatening, or illegal behavior during gameplay;
7. Not use the Service to stalk, harass, intimidate, threaten, or harm any person;
8. Not use the Service while operating a motor vehicle, bicycle, scooter, or any other vehicle or conveyance;
9. Use the SOS/emergency pause feature whenever safety is in question;
10. Discontinue gameplay immediately if conditions become unsafe for any reason;
11. Not exploit, abuse, or manipulate the Service, its GPS functionality, or any game mechanics for any purpose other than legitimate gameplay;
12. Not attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.

The Operator is not a law enforcement agency and does not monitor, police, or enforce player conduct. You are solely responsible for your own behavior and for ensuring that your gameplay activities comply with all applicable laws and do not infringe upon the rights of others.

8. GPS and Location Data

The Service relies on GPS and device geolocation services. You acknowledge and agree that:

1. No Guarantee of Accuracy. GPS data is inherently imprecise. The Operator makes no representation or warranty regarding the accuracy, completeness, reliability, or timeliness of any location data. GPS positions may be inaccurate by several meters or more, may be delayed, may drift, or may be entirely incorrect.
2. Not Navigation. The Service is not a navigation tool. Game boundaries displayed on the map are approximate and do not represent actual property lines, legal boundaries, safe zones, or navigable paths. You must use your own judgment and direct observation to determine safe and legal locations for gameplay.
3. End-to-End Encryption. Location data shared during game sessions is encrypted using end-to-end encryption. Only players within the same game session can decrypt and view each other's location data. The Operator cannot access, read, or decrypt player location data in transit or at rest within active game sessions.
4. Data Handling. Location data processing is described in our Privacy Policy. The Operator does not sell, share, or provide location data to third parties for advertising, marketing, or commercial purposes.
5. Device Requirements. The Service requires a device with GPS capabilities and a modern web browser with geolocation API support. The quality of location data depends on your device's hardware, software, GPS chipset, and environmental conditions. The Operator is not responsible for any limitations of your device.

9. Disclaimer of Warranties

The Service is provided strictly "as is," "as available," and "with all faults," without warranty of any kind, either express or implied.

To the maximum extent permitted by applicable law, the Operator expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Any warranty that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any GPS data, location data, game data, or other content available through the Service;
• Any warranty that the Service will meet your requirements or expectations;
• Any warranty that defects will be corrected;
• Any warranty regarding the safety of any location, game area, boundary, or environment suggested, displayed, or referenced by the Service;
• Any warranty that the results obtained from the use of the Service will be accurate or reliable.

You acknowledge that the Operator has no control over and assumes no responsibility for the quality, accuracy, safety, legality, or suitability of any real-world location where you choose to play the Game. No advice or information, whether oral or written, obtained by you from the Operator or through the Service shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

1. In no event shall the Operator, its officers, directors, employees, agents, affiliates, successors, or assigns be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether the Operator was advised of the possibility of such damages.
2. In no event shall the Operator's total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Service exceed the greater of (i) the total amount you have paid to the Operator for the Service during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) zero United States Dollars (US $0.00).
3. Because the Service is provided free of charge, and you have paid nothing for its use, you acknowledge and agree that the maximum aggregate liability of the Operator is zero dollars ($0.00).
4. Without limiting the foregoing, the Operator shall have no liability whatsoever for any personal injury, bodily harm, death, property damage, trespass claims, legal violations, or any other harm arising from your use of the Service, your participation in any game session, or the actions or omissions of any other player, participant, or third party.
5. The limitations of liability set forth in this Section shall apply regardless of the form of action, whether the claim is based on contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory, even if the Operator has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Operator's liability shall be limited to the minimum extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

1. Your use of the Service or participation in any game session;
2. Any physical injury, death, or property damage arising from or related to your gameplay activities;
3. Your violation of these Terms;
4. Your violation of any applicable law, regulation, or ordinance, including but not limited to trespassing laws, traffic laws, or public safety regulations;
5. Your violation of any rights of any third party, including but not limited to property rights, privacy rights, or intellectual property rights;
6. Any claim by a third party arising from your conduct during gameplay;
7. Any claim by a parent, guardian, or legal representative of a minor who uses the Service with your consent or under your supervision;
8. Any dispute or interaction between you and any other player or third party.

This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Service.

12. Third-Party Behavior Disclaimer

The Operator is not responsible or liable for the actions, behavior, conduct, or omissions of any other player, participant, user, or third party.

The Operator does not screen, vet, verify, monitor, supervise, or control players. The Operator makes no representations or warranties regarding the identity, intentions, behavior, fitness, or suitability of any player. You interact with other players entirely at your own risk.

The Operator shall not be liable for any claim, injury, loss, or damage arising from the conduct of any other player, including but not limited to aggressive play, reckless behavior, intentional misconduct, harassment, stalking, assault, battery, theft, property damage, or criminal activity.

13. Intellectual Property

All content, features, functionality, design, graphics, logos, icons, user interface elements, software code, game mechanics, and other materials comprising the Service (collectively, "Service Content") are the exclusive property of the Operator or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial gameplay purposes only. This license does not include the right to:

1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Service Content;
2. Use any data mining, robots, scraping, or similar data gathering or extraction tools on the Service;
3. Use the Service for any commercial purpose or for the benefit of any third party;
4. Reverse-engineer, decompile, or disassemble any software used in connection with the Service;
5. Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.

14. DMCA and Copyright Policy

The Operator respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, the Operator will respond to notices of alleged copyright infringement that comply with the DMCA and applicable law.

If you believe that any content on the Service infringes your copyright, you may submit a notification pursuant to the DMCA by providing the following information to our designated agent:

1. A physical or electronic signature of the copyright owner or person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Your contact information, including address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

DMCA notices should be sent to the contact information provided in Section 23.

15. Service Availability

The Operator makes absolutely no guarantee or commitment regarding the availability, continuity, uptime, performance, or reliability of the Service. You acknowledge and agree that:

1. The Service may be interrupted, suspended, modified, or discontinued at any time, for any reason or no reason, with or without notice;
2. The Service may experience outages, downtime, errors, bugs, glitches, data loss, latency, or performance degradation;
3. Game sessions may be interrupted, terminated, or lost at any time without warning;
4. Game data, scores, statistics, session history, and any other information may be deleted, lost, or become inaccessible at any time;
5. The Operator has no obligation to maintain, support, update, upgrade, or continue operating the Service;
6. The Operator shall not be liable for any loss, damage, inconvenience, or harm resulting from any interruption, suspension, modification, or discontinuation of the Service.

16. Termination

The Operator reserves the absolute and unconditional right to restrict, suspend, or terminate your access to the Service at any time, for any reason or no reason, with or without notice, and without any liability to you. Reasons for termination may include, but are not limited to:

1. Violation of these Terms;
2. Conduct that the Operator determines, in its sole discretion, to be harmful, abusive, threatening, or otherwise objectionable;
3. Manipulation, exploitation, or abuse of game mechanics, GPS functionality, or the Service;
4. Requests by law enforcement or other governmental agencies;
5. Discontinuation or material modification of the Service;
6. Technical or security issues;
7. Any other reason the Operator deems appropriate in its sole and absolute discretion.

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Sections 5, 6, 9, 10, 11, 12, 13, 17, 18, 19, and 20 shall survive termination.

17. Dispute Resolution and Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

17.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally by contacting the Operator at the address provided in Section 23. The parties shall attempt to resolve any Dispute through good-faith negotiations for a period of at least sixty (60) days from the date of initial contact.

17.2 Binding Arbitration

If a Dispute cannot be resolved informally, you and the Operator agree that any Dispute shall be resolved exclusively through final and binding individual arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or if the AAA is unavailable, by JAMS under its Streamlined Arbitration Rules, or by any other mutually agreed-upon arbitration forum.

The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, applicability, and enforceability of this arbitration agreement.

17.3 Arbitration Procedures

1. The arbitration shall be conducted remotely (via telephone, video conference, or written submissions) unless the arbitrator determines that an in-person hearing is necessary;
2. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines otherwise;
3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim;
4. Any arbitration proceedings shall be conducted on an individual basis and not as a class, collective, consolidated, or representative action.

17.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to the Operator within thirty (30) days of your first use of the Service. If you opt out, you and the Operator agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Ohio for any Disputes.

18. Class Action Waiver

You and the Operator agree that any Dispute resolution proceedings, whether in arbitration or in court, shall be conducted solely on an individual basis and not as a class action, collective action, consolidated action, representative action, or private attorney general action.

You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against the Operator. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration agreement in Section 17 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate Disputes.

19. Governing Law and Jurisdiction

These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions.

To the extent that any Dispute is permitted to be brought in court (including any Dispute not subject to arbitration or where the arbitration agreement is deemed unenforceable), you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Ohio, and you waive any objection to jurisdiction, venue, or inconvenient forum in such courts.

Notwithstanding the foregoing, the Operator reserves the right to bring claims against you in the courts of your jurisdiction of residence if required by applicable law.

20. Severability

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any single provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

If any court or arbitrator determines that any provision of Section 5, 6, 10, 11, or 18 is unenforceable, the remaining provisions of such Section shall remain in effect and shall be enforced to the maximum extent permitted by applicable law.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator regarding the Service and supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, between you and the Operator regarding the Service.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and the Operator's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Modifications to Terms

The Operator reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. When the Operator makes material changes, the "Last Updated" date at the top of this document will be revised. The Operator may, but is not obligated to, provide additional notice of material changes (such as through a banner or notification within the Service).

Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease all use of the Service.

23. Contact Information

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

You Are Not It
Website: youarenotit.com
Email: hello@youarenotit.com