The Keep User Agreement

Hello, Denizens of The Keep and people of the Internet! The Keep User Agreement ("Terms") applies to your access to and use of our platform, including our websites, applications, features, and other online products and services (collectively, the "Services") provided by The Keep ("The Keep," "we," "us," or "our").

Remember The Keep is for fun and is intended to be a place for scheduling and connection, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Your Access to the Services

No one under 13 is allowed to use or access the Services. The Services are only available to residents of the United States. Some events organized through The Keep may have additional age restrictions set by event organizers. You are responsible for complying with all event-specific age requirements.

By using the Services, you state that:

• You are located in and are a resident of the United States;
• You are at least 13 years old and over the minimum age required by the laws of your state of residence to access and use the Services;
• You can form a binding contract with The Keep, or, if you are under the age of 18, you confirm that your parent or legal guardian is aware of your use of the Services and has reviewed these Terms;
• You are not barred from using the Services under all applicable laws; and
• You have not been permanently suspended or removed from the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

2. Privacy

The Keep's Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in this agreement.

When you use the Services to organize or attend events, certain information (such as your name, RSVP status, and attendance data) may be visible to event organizers and other participants as necessary to facilitate the event. Please review the Privacy Policy for more details on how event-related information is collected and shared.

3. Your Use of the Services

Subject to your complete and ongoing compliance with these Terms, The Keep grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
• access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms (as defined below).

We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won't always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

We personalize your experience on the Services based on a variety of factors, including your activity on the Services, parties you participate in, events you attend, and preferences you've identified in your settings. Based on these and other factors, we may make recommendations to make your experience on The Keep more relevant. For more information about your content recommendations, as well as a description of how you can control certain personalization options, please see our Help Center.

4. Your The Keep Account and Account Security

To use certain features of our Services, you may be required to create an account (an "Account") and provide us with a username, email, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify The Keep at https://www.thekeep.events/contact if you discover or suspect that someone has accessed your Account without your permission. Because The Keep operates with a passwordless system, we recommend that you enter more than one email for your account so that you may access your account if your primary email account is closed. If you add your phone number to your Account and later change or deactivate your phone number, make sure to update your Account information.

You will not license, sell, or transfer your Account without our prior written approval.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials ("Content"), including Content created with or submitted to the Services by you or through your Account ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant The Keep the following license to use that Content:

When you submit Your Content to the Services, you give us permission to use it to provide and improve The Keep. This means we can display your content to other users, store it, and make it work across different platforms and devices.

Any ideas, suggestions, and feedback about The Keep or our Services that you provide to us are entirely voluntary, and you agree that The Keep may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, our content policies, or if you otherwise create or are likely to create liability for us.

6. Things You Cannot Do

When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations. In addition to what is prohibited below, you may not do any of the following:

• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
• Gain access to (or attempt to gain access to) another user's Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
• Use the Services to violate applicable law or infringe any person's or entity's intellectual property rights or any other proprietary rights;
• Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with The Keep (scraping the Services without The Keep's prior written consent is prohibited);
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on The Keep or any payment system;
• Post false, misleading, or inaccurate information about events, games, locations, or schedules;
• Impersonate another person, event organizer, or entity;
• Harass, threaten, intimidate, or abuse other users of the Services, whether online or at in-person events;
• Use the Services to facilitate any illegal activity;
• Create fake events, duplicate events, or spam event listings.

We encourage you to report content or conduct that you believe violates these Terms. We also support the responsible reporting of security vulnerabilities. To report a security issue, please contact us at https://www.thekeep.events/contact.

7. Organizing and Coordinating Gaming Sessions

The Keep provides tools that allow you to organize and coordinate gaming sessions, create groups, and connect with other players. When you use the Services to organize or coordinate gaming sessions or events:

• You are not acting on behalf of The Keep;
• You are solely responsible for any sessions or events you organize, including the accuracy of information about dates, times, locations, and game details;
• You are responsible for your conduct at sessions or events you organize, both online and at any in-person gatherings.

The Keep reserves the right to remove any content or restrict a user's ability to organize or coordinate through the Services at any time and for any reason, including for violations of these Terms.

8. Copyright, Trademark, the DMCA, and Takedowns

The Keep respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify The Keep at https://www.thekeep.events/contact.

9. Paid Services

There are no fees for the use of many aspects of the Services. However, some services, features, and products may be available for purchase in the future.

10. Intellectual Property

The Services are owned and operated by The Keep. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services ("Materials") provided by The Keep are protected by intellectual property and other laws. All Materials included in the Services are the property of The Keep or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services (if applicable in the future).

11. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold The Keep, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the "The Keep Entities") harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys' fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) Your Content; or (e) your conduct at any in-person event or gathering organized or attended through the Services.

We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

Nature of the Services

THE KEEP IS A SOFTWARE PLATFORM THAT PROVIDES COORDINATION AND SCHEDULING TOOLS FOR GAMING EVENTS AND ACTIVITIES. WE DO NOT ORGANIZE, HOST, SUPERVISE, OR CONTROL ANY IN-PERSON EVENTS, GAME SESSIONS, OR GATHERINGS. WE ARE NOT A PARTY TO ANY AGREEMENTS BETWEEN USERS, EVENT ORGANIZERS, OR ATTENDEES.

THE KEEP DOES NOT VET, SCREEN, CONDUCT BACKGROUND CHECKS ON, OR VERIFY THE IDENTITY, QUALIFICATIONS, OR REPRESENTATIONS OF ANY USERS, EVENT ORGANIZERS, OR ATTENDEES. WE DO NOT CONFIRM THE ACCURACY OF EVENT INFORMATION, INCLUDING DATES, TIMES, LOCATIONS, OR GAME DETAILS PROVIDED BY USERS.

YOU ACKNOWLEDGE THAT MEETING OTHER USERS IN PERSON INVOLVES INHERENT RISKS. BY USING THE SERVICES TO COORDINATE, ORGANIZE, OR ATTEND IN-PERSON EVENTS, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH MEETINGS, INCLUDING BUT NOT LIMITED TO RISKS OF PERSONAL INJURY, PROPERTY DAMAGE, THEFT, HARASSMENT, OR OTHER HARM.

THE KEEP IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM: (A) THE CONDUCT OF USERS AT IN-PERSON EVENTS; (B) THE ACCURACY OF EVENT INFORMATION PROVIDED BY USERS; (C) DISPUTES BETWEEN USERS, EVENT ORGANIZERS, OR ATTENDEES; (D) CANCELLATIONS OR CHANGES TO EVENTS; OR (E) ANY HARM THAT OCCURS AT OR IN CONNECTION WITH IN-PERSON GATHERINGS ORGANIZED THROUGH THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR TAKING APPROPRIATE SAFETY PRECAUTIONS WHEN MEETING PEOPLE YOU CONNECT WITH THROUGH THE KEEP, INCLUDING MEETING IN PUBLIC PLACES, INFORMING OTHERS OF YOUR PLANS, AND EXERCISING GOOD JUDGMENT.

General Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE KEEP ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE KEEP DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE THE KEEP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL ANY OF THE KEEP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE KEEP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID THE KEEP IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE KEEP ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

13. Governing Law and Venue

We want you to enjoy The Keep, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns at https://www.thekeep.events/contact.

To the fullest extent permitted by applicable law, any claims you bring arising out of or relating to these Terms or the Services will be governed by the laws of the State of Minnesota, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Saint Paul, Minnesota, and you and The Keep consent to personal jurisdiction in these courts.

If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Minnesota (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Saint Paul, Minnesota.

14. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

15. Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by The Keep (collectively, "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.

16. Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deleting your Account, your Account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our content policies. We may also terminate your Account if we determine you are not a resident of the United States or are accessing the Services from outside the United States.

The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 6 (Things You Cannot Do), 11 (Indemnity), 12 (Disclaimers and Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).

17. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words "include," "includes," and "including" will be deemed to be followed by the words "without limitation;" (b) the words "such as," "for example," "e.g.," and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word "or" is used in the inclusive sense of "and/or" and the terms "or," "any," and "either" are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language.

These Terms are a legally-binding agreement between you and The Keep. If you have any questions about these Terms, please contact us at https://www.thekeep.events/contact.