Terms

Terms & Conditions

Hereby the GeekTrains.com & the GeekTrains game Terms & Conditions of use. By using this website and any associated service (like playing the game) You confirm to have read, understood and agreed with these Terms & Conditions.

Not looking for this page? Do you fancy playing the GeekTrains game instead? Go to Accounts and Login or start playing Levels immediately without signing in.

The fine print as of May 21st, 2020

Definitions

You / your
You, the visitor of this website, user of our services, player of our GeekTrains game or you as our customer.
Us / we / our
We, as the legal entity offering you this website, its related services, the GeekTrains game and merchandise.
The Creator
The natural person Quintus Hegie and inventor of the GeekTrains game. You can find him on Forum.BabylonJS.com (until December 8th 2018: HTML5GameDevs).
The Company
The legal business entity Qoppa Holding B.V., a limited liability company located in Gouda, Zuid-Holland, The Netherlands
Early Access / Beta / Test / Prototype
A product or service (or part thereof) offered in a still incomplete/unfinished state. The product or service may still contain errors, flaws, shortcomings and/or unfinished work. As such when You use an Early Access service or Beta Program product of Ours then you understand that the product or service is not fully ready.
Indie / Indie Game
Abbrevation for Independent Game Developer / a game developed by an Independent Game Developer. We and The Creator are an independent game developer studio. We don't have a big brand or budget like other, more well known larger game studios. Therefore our work, such as this GeekTrains game, may sometimes not appear to be listed in regular App-stores, but in a dedicated section of an App-store with Indie game listings only. Also our work may differ in quality compared to similar work done by game studios with vast game development teams.

  1. All content included in or made available through any GeekTrains™ service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of QuintusHegie.com or its content suppliers and is protected by Dutch and international copyright (©) laws. The compilation of all content included in or made available through any GeekTrains™ service is the exclusive property of QuintusHegie.com and protected by Dutch and international copyright (©) laws.

  2. No part of this website GeekTrains.com or the GeekTrains™ game may be copied, distributed, decompiled or reverse engineered without prior written consent from us.

  3. This creative work includes (components of) certain code and artwork libraries from external vendors. For the copyright details of these external libraries please consult the respective library website.

    • Open Source BabylonJS 3D framework by BabylonJS.com.

    • Open Source Content Management System (CMS) framework by CakePHP.

Trademarks

  1. GeekTrains™ is a trademark of QuintusHegie.com.

  2. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GeekTrains™ service are trademarks or trade dress of QuintusHegie.com in The Netherlands and other countries.

  3. QuintusHegie.com's trademarks and trade dress may not be used in connection with any product or service that is not QuintusHegie.com's, in any manner that is likely to cause confusion among customers, clients and vendors, or in any manner that disparages or discredits QuintusHegie.com.

  4. All other trademarks not owned by QuintusHegie.com that appear in any GeekTrains™ service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QuintusHegie.com.

    • Facebook™ (social media platform) is a registered trademark of Facebook, Inc. We may use the abbreviation 'FB' for referencing the same. We have implemented user account and analyical features from Facebook into the GeekTrains™ game and website.

    • RailDriver™ (desktop train cab controller) is a registered trademark of P.I. Engineering. We have implemented experimental web browser feature support for playing the GeekTrains™ game using the RailDriver™ controller.

    • PlayStation™ (video game console) is a registered trademark of Sony Interactive Entertainment. We may use the abbreviations 'PSX', 'PS1' and 'PS2' for referencing the same. We have implemented certain PlayStation controller types support for playing the GeekTrains™ game with those train driving oriented game controllers.

    • Densha de GO!™ (電車でGO!, "Go By Train") (video game series) is a registered trademark of Taito, and more recently by Square Enix (who purchased Taito) and Railfan Holdings Co., Ltd. We have implemented Densha de GO! controller types support for playing the GeekTrains™ game with those train driving oriented game controllers made by Taito.

Website Visitors

Personally Identifying Information (PII)

  1. We collect Personally Identifying Information (PII) for purposes like account creation, player profile, payments & subscriptions and the like.

  2. You can review, edit and export the Personally Identifying Information (PII) by logging in with your account.

  3. When you want to remove your account please understand that all your high scores and game progress will be lost forever as well.

Security

  1. This website is offered over Secure Socket Layer and using HTTPS to ensure a secure connection between your browser client and our web server.

  2. We secure our services like protecting accounts with passwords.

  3. The website and services are not guaranteed to be working 100% free of flaws.

  4. The user is recommended to use his own security measures as well (like not sharing passwords with others and having a proper anti-virus software package installed).

Advertisements

  1. Personalised and generic advertisements are shown on this website and inside the game.

  2. We do not endorse any particular advertiser.

  1. Opening links to external sites is at the risk of the visitor. Always make sure you trust the link before you click on the external link. In most browsers you can see where the external link will lead you by hovering above (but not clicking on) the link, or right-clicking on the link to inspect the target URL.

  2. We do not verify the external link neither do we approve/disapprove of or endorse/agree with the content of those external sites.

  3. Example of an external link is clicking the 'Facebook' button on our website. This will send you to our GeekTrains Page on Facebook. While we created and maintain this Page on Facebook, you're no longer visiting our website but you are visiting a third party, namely Facebook.

Aggregated & Non-Aggregated Statistics

  1. We collect statistics per visitor/user/player to help us understand the usage of our services better and to improve the service over time to better fit the visitors/users/players and our goals.

  2. Statistics (personalized and non-personalized) may be shared publicly, for example the high score of your player profile may be shared on a public leaderboard.

  3. When you are using integrated third-party services, like Games on Facebook, then Facebook will also collect statistics using their Terms of Service. Facebook then also receives statistics from us, for example on the GeekTrains level you are playing via GeekTrains at Games on Facebook.

Affiliate Disclosure

  1. Affiliates may be paid out when you register for a paid subscription after being referred to us by that affiliate. To do this we share some basic information about visitors with the affiliate party. The level of Personal Identifiable Information needed to be shared in order to validate the affiliate link, we keep at the lowest level or even at none.

Cookies

  1. This website uses cookies to store, monitor and track individual and repeated sessions. By accessing this website you agree that your visits are monitored and also that information is stored with us as well as selected third party providers.

  2. We store functional, analytical and commercial first and third-party cookies on your device.

  3. The functional cookies are absolutely required to be able to make use of our website and services. They contain basic information on the current session, or your logged in status. Without functional cookies, you cannot login or store your player stats.

    Functional cookies
    Cookie NameCookie PurposeMaintainerDomain
    csrfTokenCross Site Request Forgery Token (security related cookie)CakePHPFirst Party

  4. The analytical cookies we use the create and analyse statistics on the usage of our website and services. They help us improve your experience by monitoring how you navigate through the website and how you play the game.

    Analytical cookies
    Cookie NameCookie PurposeMaintainerDomain
    _gaGoogle Analytics (to collect website usage statistics)GoogleFirst Party
    _gidGoogle ID (used to dinstinguish users)GoogleFirst Party
    ???Facebook Analytics (to collect website usage statistics)FacebookFirst Party
    ???Facebook ID (used to dinstinguish users)FacebookFirst Party

  5. The commercial cookies are used to send or retarget you for commercial messages. For example, we may remind you at a later time on Facebook about returning to our GeekTrains game and playing further from where you have left last time. Commercial cookies may also be used for offerings from Third Parties.

  6. When you log-in to our services (such as your Player Profile) and thereby exit the 'open-domain' content on our website, you enter a personalized environment for your account. Your cookie consent is raised to the highest setting while being logged in.

  7. You can use a cookie-blocker or clean cookies from your browser. But this may break the workings of the website/game service, disable most of the personalization features and result in losing your player stats. When using a cookie-blocker, it is best to only block third party cookies and still allow first party cookies for the session. You can then delete the cookies after your session. Please consult your browser help function on how to remove cookies if you desire to.

E-commerce

  1. You can buy stuff on this website and in the game. Any tarif or price will be made clear to you before you have to option to buy and commit to the purchase.

  2. Digital goods bought are non-refundable.

  3. When using our service you must use a subscription plan. You can choose from a free (basic/limited) or paid (premium) subscription plan.

  4. The options of the free subscription plan may change any time (e.g. some options may become paid and require you to switch to a paid subscription plan if you want to keep using that option). For example the maximum number of player profiles per free account may be reduced.

Financial Transactions

  1. Financial (money) transactions can be done by common means like Bank Transfer, Credit Card, PayPal, Google Pay, Facebook Payments, iDeal, Direct Debit and the like. Availability of the payment options depend on your country and language.

  2. Some transactions will be one-time, other transactions will be on a repeated / subscription basis, and yet another transaction may be optional / voluntary (like donates). The type of transaction will be cleary specified in print to You before We execute the transaction.

  3. You can voluntarily Donate any reasonable amount of money to Us using the following payment-link: Donate with PayPal™. We will use your kind Donation for further development and offering of the GeekTrains game. A reasonable amount of money means: An amount that exceeds the total financial transaction costs at least to some extent.

Protection of Collected Information

  1. The collected sensitive information is protected and secured with passwords. Only our people can access this information.

  2. Your login methods, user accounts and player profiles can be updated mostly by you and is protected with a password or login method.

  3. Some collected information is made publicly available or shared with other users. For example your player stats may be shared with and compared to other players.

Warranty

  1. The service is not guaranteed to work at all times, or in all places or at all devices. The website and web services are hosted on a personal web space with limited storage and bandwidth capacity. This app is not intended for large audience public or mass retail use. No quality of service guaranteed. Use with caution and at your own risk.

    You simply cannot rely on the permanent 24/7 availability of this website and the GeekTrains game.

  2. This website and the GeekTrains game is in active development still ('Early Access'-status). We have decided to allow you to already make use of the Beta version here. By subscribing to Us, registering an account with Us, or purchasing from Us you will be enrolled in the Beta Program. That means that from time to time, the service may contain errors and won't work without accidental faults. For example, the game may crash suddenly while you are playing it. From time to time we might also occasionally ask You questions and feedback about your experience with Our Beta version products and services.

  3. We will try to make sure the service is at least available for most of the time, for most of the places and for most of the devices used by our target audience. Though no guarantees are given by us to you that it will be available.

Limited Liability

  1. Our liability is limited to the total amount in euro's you have paid us within the last 1 year (365 days) or €1,000.00 which ever is lower.

  2. The liability period is limited to 1 year after the event.

  3. We cannot be held liable for third party suppliers (e.g. the browser that you use, the gamepad that you use, the social login that you use, the advertisements that you click on etc.)

Dispute Resolution

  1. If you have a dispute then raise a request in writing for resolution within 30 days after the event.

  2. Disputes resolution will take place with informal written negotiation between you and us.

  3. If we don't get to a solution ourselves we may call for an independent arbiter within our legal region.

  4. We don't pay for excess payments of this arbiter neither do we pay for language translation costs.

Termination & suspension of services

  1. If you fail, or QuintusHegie.com suspects that you have failed, to comply with any of the provisions of these Terms & Conditions, QuintusHegie.com may, without notice to you:

    1. Terminate the Agreement and/or your GeekTrains™ profile, and you will remain liable for all amounts due under your GeekTrains™ profile up to and including the date of termination; and/or

    2. terminate your license to the software; and/or

    3. preclude your access to the GeekTrains™ services.

  2. QuintusHegie.com further reserves the right to modify, suspend, or discontinue the GeekTrains™ services (or any part or Content thereof) at any time with or without notice to you, and QuintusHegie.com will not be liable to you or to any third party should it exercise such rights.

Changes in these Terms & Conditions

  1. These Terms & Conditions may change without prior notice.

  2. The latest version of the Terms & Conditions will be found here on this page.

  3. You may cancel your account free if charge if you are unhappy with the changes but you must request for cancellation within 30 days of the Terms & Conditions effective change date. Any remaining or open due payments must still be fulfilled by you.

Applicable Law

  1. Place and Country of Legal Entity is Gouda, Zuid-Holland, The Netherlands (Europe).

  2. Dutch Law applies.

  3. In case of legal manners a Legal Court in The Netherlands will be chosen by us.

  4. In case of doubt or possible misinterpretation, the original Dutch language version prevails above any other language version of writing.