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646 lines
40 KiB
HTML
646 lines
40 KiB
HTML
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<import: src="head">
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<import: src="header">
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<import: src="../app/footer">
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<Title:>
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HabitRPG | About
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<Head:>
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<app:head:head active="about"/>
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<Body:>
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<div id="wrap">
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<app:header:header />
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<div class='container'>
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<div class="page-header">
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<h1>Terms of Use</h1>
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</div>
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<p>
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Last updated September 2, 2012
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</p>
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<p>
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HabitRPG (or "we") provides services through our
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software applications for various devices and platforms ("HabitRPG
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Applications") and the HabitRPG.com domain, and any sub domains thereto
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(the "Sites"). Individually or collectively, HabitRPG Applications and
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Sites may be referred to as the "Services".
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</p>
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<p>
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Please read the following terms and conditions ("Terms of
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Service") carefully. These Terms of Service govern your access to and
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use of the Services and HabitRPG Content (defined below) and set forth
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the legally binding terms for your use of the Services and HabitRPG
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Content, whether or not you have registered as a Member.
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</p>
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<p>
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Certain areas of the Services (and your access to or use of
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HabitRPG Content) may have different terms and conditions posted or may
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require you to agree with and accept additional terms and conditions. If
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there is a conflict between these Terms of Service and terms and
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conditions posted for a specific area of the Services or HabitRPG
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Content, the latter terms and conditions will take precedence with
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respect to your use of or access to that area of the Services or HabitRPG
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Content.
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</p>
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<p>
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YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR
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"I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY
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DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE
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SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
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BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER,
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AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE
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TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR
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HABITRPG CONTENT.
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</p>
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<p>
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<strong>Modification</strong>
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<br>
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HabitRPG reserves the right, at its sole discretion, to modify,
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discontinue or terminate the Services, including any portion thereof on
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a global or individual basis, or to modify these Terms of Service, at
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any time and without prior notice. If we modify these Terms of Service,
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we will update the "Last Updated Date" above and post the modification
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on the Sites and perhaps elsewhere within the Services. By continuing to
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access or use the Services after we have posted a modification to these
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Terms of Service or have provided you with notice of a modification, you
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are indicating that you agree to be bound by the modified Terms of
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Service. If the modified Terms of Service are not acceptable to you,
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your only recourse is to cease using the Services.
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</p>
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<p>
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<strong>Eligibility and HabitRPG Account Registration</strong>
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<br>
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In order to access certain features of the Sites and Services, and to
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post any Public User Content (defined below) on the Sites or through the
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Services, you must register to create an account ("HabitRPG Account") and
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become a "Member". In compliance with privacy laws, we do not allow
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people below the age of 14 to create accounts; please see our Privacy
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Policy for further information. During the registration process, you
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will be required to provide certain information and you will establish a
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username and a password. You agree to provide accurate, current and
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complete information during the registration process and to update such
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information to keep it accurate, current and complete. HabitRPG reserves
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the right to suspend or terminate your HabitRPG Account if any
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information provided during the registration process or thereafter
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proves to be inaccurate, not current or incomplete. If you are not a
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Member you may browse all areas of the Sites or use the parts of the
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Services that are not limited to Members only. You are responsible for
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safeguarding your password. You agree not to disclose your password to
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any third party and to take sole responsibility for any activities or
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actions under your HabitRPG Account, whether or not you have authorized
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such activities or actions. You agree to immediately notify HabitRPG of
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any unauthorized use of your HabitRPG Account. We are not liable for any
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damages or losses caused by someone using your account without your
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permission.
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</p>
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<p>
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<strong>Privacy</strong>
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<br>
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See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
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information and notices concerning HabitRPG's collection and use of your
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personal information. If you have any questions about the HabitRPG
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Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
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accessing the Services you are agreeing to the terms of our Privacy
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Policy.
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</p>
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<p>
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<strong>Content</strong>
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<br>
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Certain types of content are made available through the Services.
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"HabitRPG Content" means, collectively, the text, data, graphics, images,
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illustrations, forms and look and feel attributes, HabitRPG trademarks
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and logos and other content made available through the Services,
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including any technology or code making up the Services, excluding User
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Content. "Public User Content" means the text, data, graphics, images, photos,
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video or audiovisual content, hypertext links and any other content uploaded,
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transmitted or submitted by a Member via the Services with the intent to share
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with other users. "Private User Content" means data created through the services
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exclusively for personal use or private sharing.
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This includes tasks and related data created in HabitRPG Tasks that have not
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been explicitly shared publicly.
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You understand that by using any of the Services, you may encounter content
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that may be deemed offensive, indecent, or objectionable, which content
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may or may not be identified as having explicit language, and that the
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results of any search or entering of a particular URL may automatically
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and unintentionally generate links or references to objectionable
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material. Nevertheless, you agree to use the Services at your sole risk
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and that we shall not have any liability to you for content that may be
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found to be offensive, indecent, or objectionable.
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</p>
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<p>
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<strong>Ownership</strong>
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<br>
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The Services and HabitRPG Content are protected by copyright, trademark,
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and other laws of the United States and foreign countries. Except as
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expressly provided in these Terms of Service, HabitRPG and its licensors
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exclusively own all right, title and interest in and to the Services and
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HabitRPG Content, including all associated intellectual property rights.
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You will not remove, alter or obscure any copyright, trademark, service
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mark or other proprietary rights notices incorporated in or accompanying
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the Services or HabitRPG Content.
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</p>
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<p>
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<strong>HabitRPG License</strong>
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<br>
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Subject to your compliance with the terms and conditions of these Terms
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of Service, HabitRPG grants you a limited, non-exclusive,
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non-transferable license, without the right to sublicense, to access,
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use, view, download and print, where applicable, the Services and any
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HabitRPG Content solely for your personal and non-commercial purposes.
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You will not use, copy, adapt, modify, prepare derivative works based
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upon, distribute, license, sell, transfer, publicly display, publicly
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perform, transmit, stream, broadcast or otherwise exploit the Services
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or HabitRPG Content, except as expressly permitted in these Terms of
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Service. No licenses or rights are granted to you by implication or
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otherwise under any intellectual property rights owned or controlled by
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HabitRPG or its licensors, except for the licenses and rights expressly
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granted in these Terms of Service. With respect to HabitRPG Applications,
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your license is limited to use of such applications on platforms and
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devices that you own or control, and you may not distribute or make the
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HabitRPG Applications available over a network where it could be used by
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multiple devices at the same time.
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</p>
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<p>
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<strong>Public User Content</strong>
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<br>
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By making available any Public User Content through the Services, you hereby
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grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
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transferable, royalty-free license, with the right to sublicense, to
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use, copy, adapt, modify, distribute, license, sell, transfer, publicly
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display, publicly perform, transmit, stream, broadcast and otherwise
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exploit such Public User Content only on, through or by means of the Services.
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HabitRPG does not claim any ownership rights in any such Public User Content and
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nothing in these Terms of Service will be deemed to restrict any rights
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that you may have to use and exploit any such Public User Content.
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</p>
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<p>
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You acknowledge and agree that you are solely responsible for all
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Public User Content that you make available through the Services. Accordingly,
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you represent and warrant that: (i) you either are the sole and
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exclusive owner of all Public User Content that you make available through the
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Services or you have all rights, licenses, consents and releases that
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are necessary to grant to HabitRPG the rights in such Public User Content, as
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contemplated under these Terms of Service; and (ii) neither the User
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Content nor your posting, uploading, publication, submission or
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transmittal of the Public User Content or HabitRPG's use of the Public User Content (or
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any portion thereof) on, through or by means of the Services will
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infringe, misappropriate or violate a third party's patent, copyright,
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trademark, trade secret, moral rights or other intellectual property
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rights, or rights of publicity or privacy, or result in the violation of
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any applicable law or regulation.
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</p>
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<p>
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Copyrighted Materials: No Infringing Use. You will not use the
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Services to offer, display, distribute, transmit, route, provide
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connections to or store any material that infringes copyrighted works or
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otherwise violates or promotes the violation of the intellectual
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property rights of any third party. HabitRPG has adopted and implemented
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a policy that provides for the termination in appropriate circumstances
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of the accounts of users who repeatedly infringe or are believed to be
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or are charged with repeatedly infringing the rights of copyright
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holders.
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</p>
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<p>
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<strong>Notify Us of Infringers</strong>
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<br>
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If you believe that something on the Services violates your copyright,
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notify our copyright agent in writing. The contact information for our
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copyright agent is at the bottom of this section.
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</p>
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<p>
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In order for us to take action, you must do the following in your
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notice:
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</p>
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<p>
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(1) provide your physical or electronic signature; (2) identify
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the copyrighted work that you believe is being infringed; (3) identify
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the item on the Services that you think is infringing your work and
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include sufficient information about where the material is located on
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the Services (including which website and URL) so that we can find it;
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(4) provide us with a way to contact you, such as your address,
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telephone number, or e-mail; (5) provide a statement that you believe in
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good faith that the item you have identified as infringing is not
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authorized by the copyright owner, its agent, or the law to be used on
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the Services; and (6) provide a statement that the information you
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provide in your notice is accurate, and that (under penalty of perjury),
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you are authorized to act on behalf of the copyright owner whose work is
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being infringed.
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</p>
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<p>
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Here is the contact information for our copyright agent:
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</p>
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<p>
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Copyright Enforcement
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<br>
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OCDevel
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<br>
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98 Morrison Ave #2
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<br>
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Somerville, MA 02144
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<br>
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Phone: (805) 975-5236
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<br>
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E-Mail: tylerrenelle at gmail dot com
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</p>
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<p>
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Again, we cannot take action unless you give us all the required
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information.
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</p>
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<p>
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<strong>Ratings and Comments & Feedback.</strong>
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<br>
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You can rate and make comments about content made available through the
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Services ("Comments"). HabitRPG advises you to exercise caution and good
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judgment when leaving such Comments. Once you complete and submit your
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Comments to the Services you will not be able to go back and edit your
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Comments. You should also be aware that you could be held legally
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responsible for damages to someone's reputation if your Comments are
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deemed to be defamatory. Without limiting any other terms of this Terms
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of Service, HabitRPG may, but is under no obligation to, monitor or
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censor Comments and disclaims any and all liability relating thereto.
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Notwithstanding the foregoing, HabitRPG does reserve the right, in its
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sole discretion, to remove any Comments that it deems to be improper,
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inappropriate or inconsistent with the online activities that are
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permitted under these Terms of Service. We welcome and encourage you to
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provide feedback, comments and suggestions for improvements to the
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Services ("Feedback"). You may submit Feedback by emailing us at support
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AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
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will be the sole and exclusive property of HabitRPG and you hereby
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irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
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all of your right, title, and interest in and to all Comments and
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Feedback, including without limitation all worldwide patent rights,
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copyright rights, trade secret rights, and other proprietary or
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intellectual property rights therein. At HabitRPG's request and expense,
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you will execute documents and take such further acts as HabitRPG may
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reasonably request to assist HabitRPG to acquire, perfect, and maintain
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its intellectual property rights and other legal protections for the
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Comments and Feedback.
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</p>
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<p>
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<strong>Interactions between Users</strong>
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<br>
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You are solely responsible for your interactions (including any
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disputes) with other users. You understand that HabitRPG does not in any
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way screen HabitRPG users, except to only allow people aged 14 and over
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to create accounts. You are solely responsible for, and will exercise
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caution, discretion, common sense and judgment in, using the Services
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and disclosing personal information to other HabitRPG users. You agree to
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take reasonable precautions in all interactions with other HabitRPG
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users, particularly if you decide to meet a HabitRPG user offline, or in
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person. Your use of the Services, HabitRPG Content and any other content
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made available through the Services is at your sole risk and discretion
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and HabitRPG hereby disclaims any and all liability to you or any third
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party relating thereto. HabitRPG reserves the right to contact Members,
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in compliance with applicable law, in order to evaluate compliance with
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the rules and policies in these Terms of Service. You will cooperate
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fully with HabitRPG to investigate any suspected unlawful, fraudulent or
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improper activity, including, without limitation, granting authorized
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HabitRPG representatives access to any password-protected portions of
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your HabitRPG Account.
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</p>
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<p>
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<strong>General Prohibitions</strong>
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<br>
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You agree not to do any of the following while using the Services or
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HabitRPG Content:
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<br>
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||
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</p>
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||
|
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<ul>
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||
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<li>
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||
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Post, upload, publish, submit or transmit any text, graphics,
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images, software, music, audio, video, information or other material
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that: (i) infringes, misappropriates or violates a third party's
|
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patent, copyright, trademark, trade secret, moral rights or other
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intellectual property rights, or rights of publicity or privacy; (ii)
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violates, or encourages any conduct that would violate, any applicable
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law or regulation or would give rise to civil liability; (iii) is
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fraudulent, false, misleading or deceptive; (iv) is defamatory,
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obscene, pornographic, vulgar or offensive; (v) promotes
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discrimination, bigotry, racism, hatred, harassment or harm against any
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individual or group; (vi) is violent or threatening or promotes
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violence or actions that are threatening to any other person; or (vii)
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promotes illegal or harmful activities or substances (including but not
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limited to activities that promote or provide instructional information
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regarding the manufacture or purchase of illegal weapons or illegal
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substances).
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</li>
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<li>
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|
|
Use, display, mirror, frame or utilize framing techniques to
|
||
|
|
enclose the Services, or any individual element or materials within the
|
||
|
|
Services, HabitRPG's name, any HabitRPG trademark, logo or other
|
||
|
|
proprietary information, the content of any text or the layout and
|
||
|
|
design of any page or form contained on a page, without HabitRPG's
|
||
|
|
express written consent;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Access, tamper with, or use non-public areas of the Services,
|
||
|
|
HabitRPG's computer systems, or the technical delivery systems of
|
||
|
|
HabitRPG's providers;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Attempt to probe, scan, or test the vulnerability of any
|
||
|
|
HabitRPG system or network or breach any security or authentication
|
||
|
|
measures;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Avoid, bypass, remove, deactivate, impair, descramble or
|
||
|
|
otherwise circumvent any technological measure implemented by HabitRPG
|
||
|
|
or any of HabitRPG's providers or any other third party (including
|
||
|
|
another user) to protect the Services or HabitRPG Content;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Attempt to access or search the Services or HabitRPG Content or
|
||
|
|
download HabitRPG Content from the Services through the use of any
|
||
|
|
engine, software, tool, agent, device or mechanism (including spiders,
|
||
|
|
robots, crawlers, data mining tools or the like) other than the
|
||
|
|
software and/or search agents provided by HabitRPG or other generally
|
||
|
|
available third party web browsers (such as Google Chrome, Microsoft
|
||
|
|
Internet Explorer, Mozilla Firefox, Safari or Opera);
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Send any unsolicited or unauthorized advertising, promotional
|
||
|
|
materials, email, junk mail, spam, chain letters or other form of
|
||
|
|
solicitation;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Use any meta tags or other hidden text or metadata utilizing a
|
||
|
|
HabitRPG trademark, logo URL or product name without HabitRPG's express
|
||
|
|
written consent;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Use the Services or HabitRPG Content for any commercial purpose
|
||
|
|
or the benefit of any third party or in any manner not permitted by
|
||
|
|
these Terms of Service;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Forge any TCP/IP packet header or any part of the header
|
||
|
|
information in any email or newsgroup posting, or in any way use the
|
||
|
|
Services or HabitRPG Content to send altered, deceptive or false
|
||
|
|
source-identifying information;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Attempt to decipher, decompile, disassemble or reverse
|
||
|
|
engineer any of the software used to provide the Services or HabitRPG
|
||
|
|
Content;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Interfere with, or attempt to interfere with, the access of
|
||
|
|
any user, host or network, including, without limitation, sending a
|
||
|
|
virus, overloading, flooding, spamming, or mail-bombing the Services;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Collect or store any personally identifiable information from
|
||
|
|
the Services from other users of the Services without their express
|
||
|
|
permission;
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Impersonate or misrepresent your affiliation with any person
|
||
|
|
or entity; Violate any applicable law or regulation; or
|
||
|
|
</li>
|
||
|
|
<li>
|
||
|
|
Encourage or enable any other individual to do any of the
|
||
|
|
foregoing.
|
||
|
|
</li>
|
||
|
|
</ul>
|
||
|
|
<p>
|
||
|
|
HabitRPG will have the right to investigate and prosecute
|
||
|
|
violations of any of the above, including intellectual property rights
|
||
|
|
infringement and Services security issues, to the fullest extent of the
|
||
|
|
law. HabitRPG may involve and cooperate with law enforcement authorities
|
||
|
|
in prosecuting users who violate these Terms of Service. You acknowledge
|
||
|
|
that HabitRPG has no obligation to monitor your access to or use of the
|
||
|
|
Services or HabitRPG Content or to review or edit any Public User Content, but
|
||
|
|
has the right to do so for the purpose of operating the Services, to
|
||
|
|
ensure your compliance with these Terms of Service, or to comply with
|
||
|
|
applicable law or the order or requirement of a court, administrative
|
||
|
|
agency or other governmental body. HabitRPG reserves the right, at any
|
||
|
|
time and without prior notice, to remove or disable access to any
|
||
|
|
HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole
|
||
|
|
discretion, considers to be in violation of these Terms of Service or
|
||
|
|
otherwise harmful to the Services.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Links</strong>
|
||
|
|
<br>
|
||
|
|
The Services may contain links to third-party websites or resources. You
|
||
|
|
acknowledge and agree that HabitRPG is not responsible or liable for: (i)
|
||
|
|
the availability or accuracy of such websites or resources; or (ii) the
|
||
|
|
content, products, or services on or available from such websites or
|
||
|
|
resources. Links to such websites or resources do not imply any
|
||
|
|
endorsement by HabitRPG of such websites or resources or the content,
|
||
|
|
products, or services available from such websites or resources. You
|
||
|
|
acknowledge sole responsibility for and assume all risk arising from
|
||
|
|
your use of any such websites or resources.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Termination and HabitRPG Account; Cancellation</strong>
|
||
|
|
<br>
|
||
|
|
Without limiting other remedies, HabitRPG may at any time suspend or
|
||
|
|
terminate your HabitRPG Account and refuse to provide access to the
|
||
|
|
Services. In addition, HabitRPG may notify authorities or take any
|
||
|
|
actions it deems appropriate, without notice to you, if HabitRPG suspects
|
||
|
|
or determines, in its own discretion, that you may have or there is a
|
||
|
|
significant risk that you have (i) failed to comply with any provision
|
||
|
|
of these Terms of Service or any policies or rules established by
|
||
|
|
HabitRPG; or (ii) engaged in actions relating to or in the course of
|
||
|
|
using the Services that may be illegal or cause liability, harm,
|
||
|
|
embarrassment, harassment, abuse or disruption for you, HabitRPG Users,
|
||
|
|
HabitRPG or any other third parties or the Services.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
You may terminate your HabitRPG Account at any time and for any
|
||
|
|
reason by sending email to support AT HabitRPG.com. Upon any termination
|
||
|
|
by a Member, the related account will no longer be accessible.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
After any termination, you understand and acknowledge that we
|
||
|
|
will have no further obligation to provide the Services and all licenses
|
||
|
|
and other rights granted to you by these Terms of Service will
|
||
|
|
immediately cease. HabitRPG will not be liable to you or any third party
|
||
|
|
for termination of the Services or termination of your use of either.
|
||
|
|
UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR
|
||
|
|
INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE
|
||
|
|
SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE
|
||
|
|
ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to
|
||
|
|
maintain any information stored in our database related to your account
|
||
|
|
or to forward any information to you or any third party.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
Any suspension, termination or cancellation will not affect your
|
||
|
|
obligations to HabitRPG under these Terms of Service (including, without
|
||
|
|
limitation, proprietary rights and ownership, indemnification and
|
||
|
|
limitation of liability), which by their sense and context are intended
|
||
|
|
to survive such suspension, termination or cancellation.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Disclaimers</strong>
|
||
|
|
<br>
|
||
|
|
THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS",
|
||
|
|
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
|
||
|
|
LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF
|
||
|
|
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
|
||
|
|
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
|
||
|
|
USAGE OF TRADE.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR
|
||
|
|
PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
|
||
|
|
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY
|
||
|
|
REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR
|
||
|
|
OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
|
||
|
|
COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE
|
||
|
|
SERVICES.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
|
||
|
|
HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL
|
||
|
|
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Indemnity</strong>
|
||
|
|
<br>
|
||
|
|
You agree to defend, indemnify, and hold HabitRPG, its officers,
|
||
|
|
directors, employees and agents, harmless from and against any claims,
|
||
|
|
liabilities, damages, losses, and expenses, including, without
|
||
|
|
limitation, reasonable legal and accounting fees, arising out of or in
|
||
|
|
any way connected with Public User Content you submit to HabitRPG, your access
|
||
|
|
to or use of the Services or HabitRPG Content, or your violation of these
|
||
|
|
Terms of Service.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Limitation of Liability</strong>
|
||
|
|
<br>
|
||
|
|
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
|
||
|
|
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
|
||
|
|
AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER
|
||
|
|
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
|
||
|
|
HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
|
||
|
|
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
|
||
|
|
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
|
||
|
|
COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION
|
||
|
|
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
|
||
|
|
CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
|
||
|
|
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
|
||
|
|
NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF
|
||
|
|
A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
|
||
|
|
ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT
|
||
|
|
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
|
||
|
|
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
|
||
|
|
ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO
|
||
|
|
ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED
|
||
|
|
ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR
|
||
|
|
IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR
|
||
|
|
INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE
|
||
|
|
HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
|
||
|
|
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND
|
||
|
|
YOU. 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.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Proprietary Rights Notices</strong>
|
||
|
|
<br>
|
||
|
|
All trademarks, service marks, logos, trade names and any other
|
||
|
|
proprietary designations of HabitRPG used herein are trademarks or
|
||
|
|
registered trademarks of HabitRPG. Any other trademarks, service marks,
|
||
|
|
logos, trade names and any other proprietary designations are the
|
||
|
|
trademarks or registered trademarks of their respective parties.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Controlling Law and Jurisdiction</strong>
|
||
|
|
<br>
|
||
|
|
These Terms of Service and any action related thereto will be governed
|
||
|
|
by the laws of the State of California without regard to its conflict of
|
||
|
|
laws provisions. The exclusive jurisdiction and venue of any action with
|
||
|
|
respect to the subject matter of these Terms of Service will be the
|
||
|
|
courts having jurisdiction over disputes arising in Santa Clara County,
|
||
|
|
California, and each of the parties hereto waives any objection to
|
||
|
|
jurisdiction and venue in such courts.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT
|
||
|
|
WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT.
|
||
|
|
OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Export Control</strong>
|
||
|
|
<br>
|
||
|
|
You may not use or otherwise export or re-export the Services except as
|
||
|
|
authorized by United States law and the laws of the jurisdiction in
|
||
|
|
which the Services were obtained. In particular, but without limitation,
|
||
|
|
the Services may not be exported or re-exported (a) into any U.S.
|
||
|
|
embargoed countries or (b) to anyone on the U.S. Treasury Department's
|
||
|
|
list of Specially Designated Nationals or the U.S. Department of
|
||
|
|
Commerce Denied Person's List or Entity List. By using the Services, you
|
||
|
|
represent and warrant that you are not located in any such country or on
|
||
|
|
any such list. You also agree that you will not use these products for
|
||
|
|
any purposes prohibited by United States law, including, without
|
||
|
|
limitation, the development, design, manufacture or production of
|
||
|
|
nuclear, missiles, or chemical or biological weapons.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Entire Agreement</strong>
|
||
|
|
<br>
|
||
|
|
These Terms of Service constitute the entire and exclusive understanding
|
||
|
|
and agreement between HabitRPG and you regarding the Services and HabitRPG
|
||
|
|
Content, and these Terms of Service supersede and replace any and all
|
||
|
|
prior oral or written understandings or agreements between HabitRPG and
|
||
|
|
you regarding the Services and HabitRPG Content.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Assignment</strong>
|
||
|
|
<br>
|
||
|
|
You may not assign or transfer these Terms of Service, by operation of
|
||
|
|
law or otherwise, without HabitRPG's prior written consent. Any attempt
|
||
|
|
by you to assign or transfer these Terms of Service, without such
|
||
|
|
consent, will be null and of no effect. HabitRPG may freely assign these
|
||
|
|
Terms of Service. Subject to the foregoing, these Terms of Service will
|
||
|
|
bind and inure to the benefit of the parties, their successors and
|
||
|
|
permitted assigns.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Notices</strong>
|
||
|
|
<br>
|
||
|
|
You consent to the use of: (i) electronic means to complete these Terms
|
||
|
|
of Service and to deliver any notices or other communications permitted
|
||
|
|
or required hereunder; and (ii) electronic records to store information
|
||
|
|
related to these Terms of Service or your use of the Services. Any
|
||
|
|
notices or other communications permitted to required hereunder,
|
||
|
|
including those regarding modifications to these Terms of Service, will
|
||
|
|
be in writing and given: (x) by HabitRPG via email (in each case to the
|
||
|
|
address that you provide) or (y) by posting to the Sites or Services.
|
||
|
|
For notices made by e-mail, the date of receipt will be deemed the date
|
||
|
|
on which such notice is transmitted.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>General</strong>
|
||
|
|
<br>
|
||
|
|
The failure of HabitRPG to enforce any right or provision of these Terms
|
||
|
|
of Service will not constitute a waiver of future enforcement of that
|
||
|
|
right or provision. The waiver of any such right or provision will be
|
||
|
|
effective only if in writing and signed by a duly authorized
|
||
|
|
representative of HabitRPG. Except as expressly set forth in these Terms
|
||
|
|
of Service, the exercise by either party of any of its remedies under
|
||
|
|
these Terms of Service will be without prejudice to its other remedies
|
||
|
|
under these Terms of Service or otherwise. If for any reason a court of
|
||
|
|
competent jurisdiction finds any provision of these Terms of Service
|
||
|
|
invalid or unenforceable, that provision will be enforced to the maximum
|
||
|
|
extent permissible and the other provisions of these Terms of Service
|
||
|
|
will remain in full force and effect.
|
||
|
|
</p>
|
||
|
|
<p>
|
||
|
|
<strong>Contacting Us</strong>
|
||
|
|
<br>
|
||
|
|
If you have any questions about these Terms of Service, please contact
|
||
|
|
us at tylerrenelle@gmail.com.
|
||
|
|
</p>
|
||
|
|
<div id="home_static_footer">
|
||
|
|
© 2012 OCDevel
|
||
|
|
</div>
|
||
|
|
|
||
|
|
</div>
|
||
|
|
</div>
|
||
|
|
<app:footer:footer />
|