diff --git a/src/server/middleware.coffee b/src/server/middleware.coffee index 9b5beb09c2..47ccaad07b 100644 --- a/src/server/middleware.coffee +++ b/src/server/middleware.coffee @@ -19,6 +19,7 @@ module.exports.allowCrossDomain = (req, res, next) -> res.header "Access-Control-Allow-Methods", "OPTIONS,GET,POST,PUT,HEAD,DELETE" res.header "Access-Control-Allow-Headers", "Content-Type,X-Requested-With,x-api-user,x-api-key" + # wtf is this for? if req.method is 'OPTIONS' res.send(200); else diff --git a/src/server/store.coffee b/src/server/store.coffee index ad463ecbaa..b83ef268a4 100644 --- a/src/server/store.coffee +++ b/src/server/store.coffee @@ -70,7 +70,7 @@ userAccess = (store) -> ### REST = (store) -> store.query.expose "users", "withIdAndToken", (uid, token) -> - @byId(uid) + @where("id").equals(uid) .where('apiToken').equals(token) .findOne() diff --git a/views/privacy.html b/views/privacy.html index 5251ff01dd..9d6faeec80 100644 --- a/views/privacy.html +++ b/views/privacy.html @@ -13,308 +13,307 @@
PLEASE READ THIS PRIVACY POLICY CAREFULLY.
- By accessing
- or otherwise using habitrpg.com or any sub domains thereto ("the Sites"),
- or using a habitrpg.com or HabitRPG application on a mobile device ("the Applications"),
- you agree to be bound contractually by this Privacy Policy. Individually
- or collectively, the Applications and the Sites may be referred to as
+ By accessing or otherwise using habitrpg.com or any sub domains thereto ("the Sites"),
+ or using a habitrpg.com or HabitRPG application on a mobile device ("the Applications"),
+ you agree to be bound contractually by this Privacy Policy. Individually
+ or collectively, the Applications and the Sites may be referred to as
the "Services."
- To review material modifications and their effective dates scroll + To review material modifications and their effective dates scroll to the bottom of the page.
- 1. Privacy Statement; Collection of Personal
+ 1. Privacy Statement; Collection of Personal
Information.
- 1.1 OCDevel owns and operates this business. All
+ 1.1 OCDevel owns and operates this business. All
references to "we", "us", shall be construed to mean OCDevel.
- 1.2 We understand that visitors to this website are concerned - about the privacy of information. The following describes our privacy - policy regarding information, including personal information, that we + 1.2 We understand that visitors to this website are concerned + about the privacy of information. The following describes our privacy + policy regarding information, including personal information, that we collect through this website.
2. Modification of Privacy Policy.
- We reserve the right to modify this Privacy Policy at any time,
- and without prior notice, by posting an amended Privacy Policy that is
- always accessible by clicking on the "Privacy Policy" link on this
- site's home page. Your continued use of this site indicates your
- acceptance of the amended Privacy Policy. You should check the Privacy
- Policy through this link periodically for modifications by clicking on
- the link provided near the top of the Privacy Policy for a listing of
- material modifications and their effective dates. Regarding personal
- information, if any modifications are materially less restrictive on our
- use or disclosure of the personal information previously disclosed by
- you, we will obtain your consent before implementing such revisions with
+ We reserve the right to modify this Privacy Policy at any time,
+ and without prior notice, by posting an amended Privacy Policy that is
+ always accessible by clicking on the "Privacy Policy" link on this
+ site's home page. Your continued use of this site indicates your
+ acceptance of the amended Privacy Policy. You should check the Privacy
+ Policy through this link periodically for modifications by clicking on
+ the link provided near the top of the Privacy Policy for a listing of
+ material modifications and their effective dates. Regarding personal
+ information, if any modifications are materially less restrictive on our
+ use or disclosure of the personal information previously disclosed by
+ you, we will obtain your consent before implementing such revisions with
respect to such information.
3. Collection of Anonymous, Passive Information.
- We reserve the right to monitor your use of the services. As you
- navigate through the services, certain anonymous information may be
- passively collected (that is, gathered without your actively providing
- the information) using various technologies, such as cookies, Internet
- tags or web beacons, and navigational data collection (log files, server
- logs, clickstream). The following is a listing and a brief explanation
- of passive information collection methodologies which we may use from
+ We reserve the right to monitor your use of the services. As you
+ navigate through the services, certain anonymous information may be
+ passively collected (that is, gathered without your actively providing
+ the information) using various technologies, such as cookies, Internet
+ tags or web beacons, and navigational data collection (log files, server
+ logs, clickstream). The following is a listing and a brief explanation
+ of passive information collection methodologies which we may use from
time to time to better understand how the Services are being used.
- 3.1 A "cookie" is a text file that this site sends to your - browser in the form of a text file The information generated by the - cookie about your use of this site (including your IP address) will be - transmitted to and stored. Most browsers automatically accept cookies, - but they usually can be modified to decline cookies if you prefer; - however, certain features of this site might not work without cookies. + 3.1 A "cookie" is a text file that this site sends to your + browser in the form of a text file The information generated by the + cookie about your use of this site (including your IP address) will be + transmitted to and stored. Most browsers automatically accept cookies, + but they usually can be modified to decline cookies if you prefer; + however, certain features of this site might not work without cookies.
- 3.2 "Session" cookies are temporary bits of information that are - used to improve navigation, block visitors from providing information - where inappropriate (the Services "remembers" previous entries of age or - country of origin that were outside the specified parameters and blocks - subsequent changes), and collect aggregate statistical information on - the Services. They are erased once you exit your Web browser or + 3.2 "Session" cookies are temporary bits of information that are + used to improve navigation, block visitors from providing information + where inappropriate (the Services "remembers" previous entries of age or + country of origin that were outside the specified parameters and blocks + subsequent changes), and collect aggregate statistical information on + the Services. They are erased once you exit your Web browser or otherwise turn off your computer.
- 3.3 "Persistent" cookies are more permanent bits of information - that are placed on the hard drive of your computer and stay there unless - you delete the cookie. Persistent cookies store information on your - computer for a number of purposes, such as retrieving certain - information you have previously provided, helping to determine what - areas of the Services you may find most valuable, and customizing the - Services based on your preferences on an ongoing basis. Persistent - cookies placed by this site in your computer do not hold personal + 3.3 "Persistent" cookies are more permanent bits of information + that are placed on the hard drive of your computer and stay there unless + you delete the cookie. Persistent cookies store information on your + computer for a number of purposes, such as retrieving certain + information you have previously provided, helping to determine what + areas of the Services you may find most valuable, and customizing the + Services based on your preferences on an ongoing basis. Persistent + cookies placed by this site in your computer do not hold personal information.
- 3.4 You can set your browser to accept all cookies, to reject all - cookies, or to notify you whenever a cookie is offered so that you can - decide each time whether to accept it. To learn more about cookies and - how to specify your preferences, please search for "cookie" in the + 3.4 You can set your browser to accept all cookies, to reject all + cookies, or to notify you whenever a cookie is offered so that you can + decide each time whether to accept it. To learn more about cookies and + how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
- 3.5 An Internet Protocol (IP) address is a number assigned to - your computer by your Internet service provider so you can access the - Internet and is generally considered to be non-personally identifiable - information, because in most cases an IP address is dynamic (changing - each time you connect to the Internet), rather than static (unique to a - particular user's computer). The IP address can be used to diagnose - problems with a server, report aggregate information, determine the - fastest route for your computer to use in connecting to a site, and + 3.5 An Internet Protocol (IP) address is a number assigned to + your computer by your Internet service provider so you can access the + Internet and is generally considered to be non-personally identifiable + information, because in most cases an IP address is dynamic (changing + each time you connect to the Internet), rather than static (unique to a + particular user's computer). The IP address can be used to diagnose + problems with a server, report aggregate information, determine the + fastest route for your computer to use in connecting to a site, and administer and improve the Services.
- 3.6 "Internet tags" (also known as Web Beacons, single-pixel - GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than - cookies and tell the Web site server information such as the IP address - and browser type related to the visitor's computer. Tags may be placed - both on online advertisements that bring people to the Services and on - different pages of the Services. Such tags indicate how many times a + 3.6 "Internet tags" (also known as Web Beacons, single-pixel + GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than + cookies and tell the Web site server information such as the IP address + and browser type related to the visitor's computer. Tags may be placed + both on online advertisements that bring people to the Services and on + different pages of the Services. Such tags indicate how many times a page is opened and which information is consulted.
- 3.7 "Navigational data" (log files, server logs, and clickstream - data) are used for system management, to improve the content of the - Services, market research purposes, and to communicate information to + 3.7 "Navigational data" (log files, server logs, and clickstream + data) are used for system management, to improve the content of the + Services, market research purposes, and to communicate information to visitors.
4. Use and Sharing of Anonymous, Passive Information.
- The Services may make full use of passively collected anonymous
- information, including without limitation the right to use such
- information to provide better service to Service users, customize the
- Services based on your preferences, compile and analyze statistics and
- trends, and otherwise administer and improve the Services for your use. We
- reserve the right to share this anonymous, passive information in
+ The Services may make full use of passively collected anonymous
+ information, including without limitation the right to use such
+ information to provide better service to Service users, customize the
+ Services based on your preferences, compile and analyze statistics and
+ trends, and otherwise administer and improve the Services for your use. We
+ reserve the right to share this anonymous, passive information in
aggregated form.
5. 3rd Party Behavioral Ads; Google's AdSense Network.
- 5.1 We reserve the right to use anonymous, passive information
- about your visits to this and other websites (not including your name,
- address, email address or telephone number) for purposes of serving our
- ads and third party ads that are targeted to your interests ("3rd Party
- Behavioral Ads"). We reserve the right to share anonymous, passive
- information collected on the services with third parties for purposes of
- serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not
- identify you personally. Instead, they associate your behavioral data on
- visited sites with your browser, so that the ads your computer sees on
- this site are more likely to be relevant to your interests. 3rd Party
- Behavioral Ads require that that you be served with a cookie containing
- a tracking code. You may refuse the use of cookies by selecting the
- appropriate settings on your browser; however, please note that if you
+ 5.1 We reserve the right to use anonymous, passive information
+ about your visits to this and other websites (not including your name,
+ address, email address or telephone number) for purposes of serving our
+ ads and third party ads that are targeted to your interests ("3rd Party
+ Behavioral Ads"). We reserve the right to share anonymous, passive
+ information collected on the services with third parties for purposes of
+ serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not
+ identify you personally. Instead, they associate your behavioral data on
+ visited sites with your browser, so that the ads your computer sees on
+ this site are more likely to be relevant to your interests. 3rd Party
+ Behavioral Ads require that that you be served with a cookie containing
+ a tracking code. You may refuse the use of cookies by selecting the
+ appropriate settings on your browser; however, please note that if you
do this you may not be able to use the full functionality of this site.
- 5.2 We reserve the right to participate in Google's AdSense - network for purposes of serving 3rd Party Behavioral Ads. Google uses - DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the - AdSense network. You may opt out of the use of the DART cookie. For + 5.2 We reserve the right to participate in Google's AdSense + network for purposes of serving 3rd Party Behavioral Ads. Google uses + DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the + AdSense network. You may opt out of the use of the DART cookie. For information regarding how to opt out, go to http://www.google.com/privacy_ads.html.
6. Use of 3rd Party Analytics.
- We reserve the right to use analytics services provided by
- third parties. These services use 3rd party cookies to collect
- anonymous, passive information about your use of this site (see
- explanation of cookies in Collection of Anonymous, Passive Information
- above). We use this information for the purpose of evaluating your use
- of the Services, compiling reports on activity, and providing other
- services. These web analytics services may also transfer this
- information to third parties where required to do so by law, or where
+ We reserve the right to use analytics services provided by
+ third parties. These services use 3rd party cookies to collect
+ anonymous, passive information about your use of this site (see
+ explanation of cookies in Collection of Anonymous, Passive Information
+ above). We use this information for the purpose of evaluating your use
+ of the Services, compiling reports on activity, and providing other
+ services. These web analytics services may also transfer this
+ information to third parties where required to do so by law, or where
such third parties process the information on the service's behalf.
7. Collection of Personal Information; Categories.
- We will ask you for personal information when you sign up for any
- specific benefit or purpose that requires registration. Personal
- information that we collect may vary with the each registration, and it
- may include one or more of the following categories: name, physical
- address, an email address, phone number, and credit card information
- including credit card number, expiration date, and billing address,
- emergency contact information, current medications, allergies, medical
+ We will ask you for personal information when you sign up for any
+ specific benefit or purpose that requires registration. Personal
+ information that we collect may vary with the each registration, and it
+ may include one or more of the following categories: name, physical
+ address, an email address, phone number, and credit card information
+ including credit card number, expiration date, and billing address,
+ emergency contact information, current medications, allergies, medical
insurance information.
- 8. Use And Sharing of Personal Information: General
+ 8. Use And Sharing of Personal Information: General
Policy And Exceptions.
- Our general policy is that we will use your personal information,
- including combining your personal information with passive information
- collected from this site, only for: the performance of the services or
- transaction for which it was given, our private, internal reporting for
- this site, and security assessments for this site, and we will not
- share, sell, or rent your personal information to others. The only
- exceptions to this general policy: (i) are described in the subsections
+ Our general policy is that we will use your personal information,
+ including combining your personal information with passive information
+ collected from this site, only for: the performance of the services or
+ transaction for which it was given, our private, internal reporting for
+ this site, and security assessments for this site, and we will not
+ share, sell, or rent your personal information to others. The only
+ exceptions to this general policy: (i) are described in the subsections
below, and (ii) if you explicitly approve through our site.
- 8.1 Affiliates And Service Providers. We reserve the right to - provide such information to our affiliates or subsidiaries, or trusted - service providers for the purpose of hosting our servers or processing - or archiving personal information for us. We require that these parties - agree to privacy and security safeguards for this information that are + 8.1 Affiliates And Service Providers. We reserve the right to + provide such information to our affiliates or subsidiaries, or trusted + service providers for the purpose of hosting our servers or processing + or archiving personal information for us. We require that these parties + agree to privacy and security safeguards for this information that are consistent with this Privacy Policy.
- 8.2 Acquisition; Bankruptcy. In the event that we are acquired by - or merged with a third party entity, we reserve the right to transfer - such information as part of such merger, acquisition, sale, or other - change of control. In the unlikely event of our bankruptcy, insolvency, - reorganization, receivership, or assignment for the benefit of - creditors, or the application of laws or equitable principles affecting - creditors' rights generally, we reserve the right to transfer such + 8.2 Acquisition; Bankruptcy. In the event that we are acquired by + or merged with a third party entity, we reserve the right to transfer + such information as part of such merger, acquisition, sale, or other + change of control. In the unlikely event of our bankruptcy, insolvency, + reorganization, receivership, or assignment for the benefit of + creditors, or the application of laws or equitable principles affecting + creditors' rights generally, we reserve the right to transfer such information to protect our rights or as required by law.
- 8.3 Enforcement; Legal Process. We reserve the right to transfer - such information if we have a good faith belief that access, use, - preservation or disclosure of such information is reasonably necessary - (i) to satisfy any applicable law, regulation, legal process or - enforceable governmental request, or (ii) to investigate or enforce + 8.3 Enforcement; Legal Process. We reserve the right to transfer + such information if we have a good faith belief that access, use, + preservation or disclosure of such information is reasonably necessary + (i) to satisfy any applicable law, regulation, legal process or + enforceable governmental request, or (ii) to investigate or enforce violations of our rights or the security of this site.
- 8.4 Miscellaneous. We reserve the right to share personal - information with the following additional parties: online organizers - using our tools and resellers of our products and services from whose - site the sale originated (even though the sale originates at site of the - reseller, registration and collection of personal information occurs at + 8.4 Miscellaneous. We reserve the right to share personal + information with the following additional parties: online organizers + using our tools and resellers of our products and services from whose + site the sale originated (even though the sale originates at site of the + reseller, registration and collection of personal information occurs at this site).
- 9. Onward Transfer of Personal Information Outside Your
+ 9. Onward Transfer of Personal Information Outside Your
Country of Residence.
- Any personal information which we may collect on this site will
- be stored and processed in our servers located only in the United
- States. By using this site, if you reside outside the United States, you
- consent to the transfer of personal information outside your country of
+ Any personal information which we may collect on this site will
+ be stored and processed in our servers located only in the United
+ States. By using this site, if you reside outside the United States, you
+ consent to the transfer of personal information outside your country of
residence to the United States.
10. Security of Personal Information.
- We follow reasonable and appropriate industry standards to
- protect your personal information and data. Unfortunately, no data
- transmission over the Internet or method of data storage can be
- guaranteed 100% secure. Therefore, while we strive to protect your
- personal information by following generally accepted industry standards,
- we cannot ensure or warrant the absolute security of any information you
+ We follow reasonable and appropriate industry standards to
+ protect your personal information and data. Unfortunately, no data
+ transmission over the Internet or method of data storage can be
+ guaranteed 100% secure. Therefore, while we strive to protect your
+ personal information by following generally accepted industry standards,
+ we cannot ensure or warrant the absolute security of any information you
transmit to us or archive at this site.
11. Changing And Updating Personal Information.
- Upon request, we will permit you to request or make changes or
- updates to your personal information for legitimate purposes. We request
- identification prior to approving such requests. We reserve the right to
- decline any requests that are unreasonably repetitive or systematic,
- require unreasonable time or effort of our technical or administrative
- personnel, or undermine the privacy rights of others. We reserve the
- right to permit you to access your personal information in any account
- you establish with this site for purposes of making your own changes or
- updates, and in such case, instructions for making such changes or
+ Upon request, we will permit you to request or make changes or
+ updates to your personal information for legitimate purposes. We request
+ identification prior to approving such requests. We reserve the right to
+ decline any requests that are unreasonably repetitive or systematic,
+ require unreasonable time or effort of our technical or administrative
+ personnel, or undermine the privacy rights of others. We reserve the
+ right to permit you to access your personal information in any account
+ you establish with this site for purposes of making your own changes or
+ updates, and in such case, instructions for making such changes or
updates will be provided where necessary.
12. Email From This Site; Opt-Out Rights.
- If you supply us with your e-mail address you may receive
- periodic messages from us with information specific to the Services and
- required for the normal functioning of the Services as well as for new
- products or services or upcoming events. If you prefer not to receive
- periodic email messages, you may opt-out by following the instructions
+ If you supply us with your e-mail address you may receive
+ periodic messages from us with information specific to the Services and
+ required for the normal functioning of the Services as well as for new
+ products or services or upcoming events. If you prefer not to receive
+ periodic email messages, you may opt-out by following the instructions
on the email.
13. Children's Online Policy.
- We are committed to preserving online privacy for all of its
- website visitors, including children. This site is a general audience
- site. Consistent with the Children's Online Privacy Protection Act
- (COPPA), we will not knowingly collect any information from, or sell to,
- children under the age of 13. If you are a parent or guardian who has
- discovered that your child under the age of 13 has submitted his or her
- personally identifiable information without your permission or consent,
- we will remove the information from our active list, at your request. To
- request the removal of your child's information, please send contact our
- site as provided below under “Contact Us”, and be sure to include in
+ We are committed to preserving online privacy for all of its
+ website visitors, including children. This site is a general audience
+ site. Consistent with the Children's Online Privacy Protection Act
+ (COPPA), we will not knowingly collect any information from, or sell to,
+ children under the age of 13. If you are a parent or guardian who has
+ discovered that your child under the age of 13 has submitted his or her
+ personally identifiable information without your permission or consent,
+ we will remove the information from our active list, at your request. To
+ request the removal of your child's information, please send contact our
+ site as provided below under “Contact Us”, and be sure to include in
your message the same login information that your child submitted.
- 14. Email And Other Messages Through This Site; ECPA
+ 14. Email And Other Messages Through This Site; ECPA
Notice.
- This site treats email messages and other electronic messages
- that are sent through this site and not viewable by others as
- confidential and private, except as required by law, including without
- limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C.
- Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited
- ability to intercept and/or disclose electronic messages, for example
- (i) as necessary to operate our system or to protect our rights or
- property, (ii) upon legal demand (court orders, warrants, subpoenas), or
- (iii) where we receive information inadvertently which appears to
- pertain to the commission of a crime. This site is not considered a
+ This site treats email messages and other electronic messages
+ that are sent through this site and not viewable by others as
+ confidential and private, except as required by law, including without
+ limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C.
+ Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited
+ ability to intercept and/or disclose electronic messages, for example
+ (i) as necessary to operate our system or to protect our rights or
+ property, (ii) upon legal demand (court orders, warrants, subpoenas), or
+ (iii) where we receive information inadvertently which appears to
+ pertain to the commission of a crime. This site is not considered a
"secure communications medium" under the ECPA.
15. Contact Us.
- If you have any questions regarding this Privacy Policy, please
+ If you have any questions regarding this Privacy Policy, please
contact the owner and operator of this website business:
Last updated September 2, 2012
- HabitRPG (or "we") provides services through our - software applications for various devices and platforms ("HabitRPG + HabitRPG (or "we") provides services through our + software applications for various devices and platforms ("HabitRPG Applications") and the HabitRPG.com domain, and any sub domains thereto - (the "Sites"). Individually or collectively, HabitRPG Applications and + (the "Sites"). Individually or collectively, HabitRPG Applications and Sites may be referred to as the "Services".
- Please read the following terms and conditions ("Terms of - Service") carefully. These Terms of Service govern your access to and - use of the Services and HabitRPG Content (defined below) and set forth - the legally binding terms for your use of the Services and HabitRPG + Please read the following terms and conditions ("Terms of + Service") carefully. These Terms of Service govern your access to and + use of the Services and HabitRPG Content (defined below) and set forth + the legally binding terms for your use of the Services and HabitRPG Content, whether or not you have registered as a Member.
- Certain areas of the Services (and your access to or use of - HabitRPG Content) may have different terms and conditions posted or may - require you to agree with and accept additional terms and conditions. If - there is a conflict between these Terms of Service and terms and - conditions posted for a specific area of the Services or HabitRPG - Content, the latter terms and conditions will take precedence with - respect to your use of or access to that area of the Services or HabitRPG + Certain areas of the Services (and your access to or use of + HabitRPG Content) may have different terms and conditions posted or may + require you to agree with and accept additional terms and conditions. If + there is a conflict between these Terms of Service and terms and + conditions posted for a specific area of the Services or HabitRPG + Content, the latter terms and conditions will take precedence with + respect to your use of or access to that area of the Services or HabitRPG Content.
- YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR - "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY - DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE - SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO - BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, - AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE - TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR + YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR + "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY + DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE + SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO + BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, + AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE + TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR HABITRPG CONTENT.
Modification
- HabitRPG reserves the right, at its sole discretion, to modify,
- discontinue or terminate the Services, including any portion thereof on
- a global or individual basis, or to modify these Terms of Service, at
- any time and without prior notice. If we modify these Terms of Service,
- we will update the "Last Updated Date" above and post the modification
- on the Sites and perhaps elsewhere within the Services. By continuing to
- access or use the Services after we have posted a modification to these
- Terms of Service or have provided you with notice of a modification, you
- are indicating that you agree to be bound by the modified Terms of
- Service. If the modified Terms of Service are not acceptable to you,
+ HabitRPG reserves the right, at its sole discretion, to modify,
+ discontinue or terminate the Services, including any portion thereof on
+ a global or individual basis, or to modify these Terms of Service, at
+ any time and without prior notice. If we modify these Terms of Service,
+ we will update the "Last Updated Date" above and post the modification
+ on the Sites and perhaps elsewhere within the Services. By continuing to
+ access or use the Services after we have posted a modification to these
+ Terms of Service or have provided you with notice of a modification, you
+ are indicating that you agree to be bound by the modified Terms of
+ Service. If the modified Terms of Service are not acceptable to you,
your only recourse is to cease using the Services.
Eligibility and HabitRPG Account Registration
- In order to access certain features of the Sites and Services, and to
- post any Public User Content (defined below) on the Sites or through the
- Services, you must register to create an account ("HabitRPG Account") and
- become a "Member". In compliance with privacy laws, we do not allow
- people below the age of 14 to create accounts; please see our Privacy
- Policy for further information. During the registration process, you
- will be required to provide certain information and you will establish a
- username and a password. You agree to provide accurate, current and
- complete information during the registration process and to update such
- information to keep it accurate, current and complete. HabitRPG reserves
- the right to suspend or terminate your HabitRPG Account if any
- information provided during the registration process or thereafter
- proves to be inaccurate, not current or incomplete. If you are not a
- Member you may browse all areas of the Sites or use the parts of the
- Services that are not limited to Members only. You are responsible for
- safeguarding your password. You agree not to disclose your password to
- any third party and to take sole responsibility for any activities or
- actions under your HabitRPG Account, whether or not you have authorized
- such activities or actions. You agree to immediately notify HabitRPG of
- any unauthorized use of your HabitRPG Account. We are not liable for any
- damages or losses caused by someone using your account without your
+ In order to access certain features of the Sites and Services, and to
+ post any Public User Content (defined below) on the Sites or through the
+ Services, you must register to create an account ("HabitRPG Account") and
+ become a "Member". In compliance with privacy laws, we do not allow
+ people below the age of 14 to create accounts; please see our Privacy
+ Policy for further information. During the registration process, you
+ will be required to provide certain information and you will establish a
+ username and a password. You agree to provide accurate, current and
+ complete information during the registration process and to update such
+ information to keep it accurate, current and complete. HabitRPG reserves
+ the right to suspend or terminate your HabitRPG Account if any
+ information provided during the registration process or thereafter
+ proves to be inaccurate, not current or incomplete. If you are not a
+ Member you may browse all areas of the Sites or use the parts of the
+ Services that are not limited to Members only. You are responsible for
+ safeguarding your password. You agree not to disclose your password to
+ any third party and to take sole responsibility for any activities or
+ actions under your HabitRPG Account, whether or not you have authorized
+ such activities or actions. You agree to immediately notify HabitRPG of
+ any unauthorized use of your HabitRPG Account. We are not liable for any
+ damages or losses caused by someone using your account without your
permission.
Privacy
- See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
- information and notices concerning HabitRPG's collection and use of your
- personal information. If you have any questions about the HabitRPG
- Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
- accessing the Services you are agreeing to the terms of our Privacy
+ See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
+ information and notices concerning HabitRPG's collection and use of your
+ personal information. If you have any questions about the HabitRPG
+ Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
+ accessing the Services you are agreeing to the terms of our Privacy
Policy.
Content
- Certain types of content are made available through the Services.
- "HabitRPG Content" means, collectively, the text, data, graphics, images,
- illustrations, forms and look and feel attributes, HabitRPG trademarks
- and logos and other content made available through the Services,
- including any technology or code making up the Services, excluding User
- Content. "Public User Content" means the text, data, graphics, images, photos,
- video or audiovisual content, hypertext links and any other content uploaded,
- transmitted or submitted by a Member via the Services with the intent to share
- with other users. "Private User Content" means data created through the services
+ Certain types of content are made available through the Services.
+ "HabitRPG Content" means, collectively, the text, data, graphics, images,
+ illustrations, forms and look and feel attributes, HabitRPG trademarks
+ and logos and other content made available through the Services,
+ including any technology or code making up the Services, excluding User
+ Content. "Public User Content" means the text, data, graphics, images, photos,
+ video or audiovisual content, hypertext links and any other content uploaded,
+ transmitted or submitted by a Member via the Services with the intent to share
+ with other users. "Private User Content" means data created through the services
exclusively for personal use or private sharing.
- This includes tasks and related data created in HabitRPG Tasks that have not
+ This includes tasks and related data created in HabitRPG Tasks that have not
been explicitly shared publicly.
- You understand that by using any of the Services, you may encounter content
- that may be deemed offensive, indecent, or objectionable, which content
- may or may not be identified as having explicit language, and that the
- results of any search or entering of a particular URL may automatically
- and unintentionally generate links or references to objectionable
- material. Nevertheless, you agree to use the Services at your sole risk
- and that we shall not have any liability to you for content that may be
+ You understand that by using any of the Services, you may encounter content
+ that may be deemed offensive, indecent, or objectionable, which content
+ may or may not be identified as having explicit language, and that the
+ results of any search or entering of a particular URL may automatically
+ and unintentionally generate links or references to objectionable
+ material. Nevertheless, you agree to use the Services at your sole risk
+ and that we shall not have any liability to you for content that may be
found to be offensive, indecent, or objectionable.
Ownership
- The Services and HabitRPG Content are protected by copyright, trademark,
- and other laws of the United States and foreign countries. Except as
- expressly provided in these Terms of Service, HabitRPG and its licensors
- exclusively own all right, title and interest in and to the Services and
- HabitRPG Content, including all associated intellectual property rights.
- You will not remove, alter or obscure any copyright, trademark, service
- mark or other proprietary rights notices incorporated in or accompanying
+ The Services and HabitRPG Content are protected by copyright, trademark,
+ and other laws of the United States and foreign countries. Except as
+ expressly provided in these Terms of Service, HabitRPG and its licensors
+ exclusively own all right, title and interest in and to the Services and
+ HabitRPG Content, including all associated intellectual property rights.
+ You will not remove, alter or obscure any copyright, trademark, service
+ mark or other proprietary rights notices incorporated in or accompanying
the Services or HabitRPG Content.
HabitRPG License
- Subject to your compliance with the terms and conditions of these Terms
- of Service, HabitRPG grants you a limited, non-exclusive,
- non-transferable license, without the right to sublicense, to access,
- use, view, download and print, where applicable, the Services and any
- HabitRPG Content solely for your personal and non-commercial purposes.
- You will not use, copy, adapt, modify, prepare derivative works based
- upon, distribute, license, sell, transfer, publicly display, publicly
- perform, transmit, stream, broadcast or otherwise exploit the Services
- or HabitRPG Content, except as expressly permitted in these Terms of
- Service. No licenses or rights are granted to you by implication or
- otherwise under any intellectual property rights owned or controlled by
- HabitRPG or its licensors, except for the licenses and rights expressly
- granted in these Terms of Service. With respect to HabitRPG Applications,
- your license is limited to use of such applications on platforms and
- devices that you own or control, and you may not distribute or make the
- HabitRPG Applications available over a network where it could be used by
+ Subject to your compliance with the terms and conditions of these Terms
+ of Service, HabitRPG grants you a limited, non-exclusive,
+ non-transferable license, without the right to sublicense, to access,
+ use, view, download and print, where applicable, the Services and any
+ HabitRPG Content solely for your personal and non-commercial purposes.
+ You will not use, copy, adapt, modify, prepare derivative works based
+ upon, distribute, license, sell, transfer, publicly display, publicly
+ perform, transmit, stream, broadcast or otherwise exploit the Services
+ or HabitRPG Content, except as expressly permitted in these Terms of
+ Service. No licenses or rights are granted to you by implication or
+ otherwise under any intellectual property rights owned or controlled by
+ HabitRPG or its licensors, except for the licenses and rights expressly
+ granted in these Terms of Service. With respect to HabitRPG Applications,
+ your license is limited to use of such applications on platforms and
+ devices that you own or control, and you may not distribute or make the
+ HabitRPG Applications available over a network where it could be used by
multiple devices at the same time.
Public User Content
- By making available any Public User Content through the Services, you hereby
- grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
- transferable, royalty-free license, with the right to sublicense, to
- use, copy, adapt, modify, distribute, license, sell, transfer, publicly
- display, publicly perform, transmit, stream, broadcast and otherwise
- exploit such Public User Content only on, through or by means of the Services.
- HabitRPG does not claim any ownership rights in any such Public User Content and
- nothing in these Terms of Service will be deemed to restrict any rights
+ By making available any Public User Content through the Services, you hereby
+ grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
+ transferable, royalty-free license, with the right to sublicense, to
+ use, copy, adapt, modify, distribute, license, sell, transfer, publicly
+ display, publicly perform, transmit, stream, broadcast and otherwise
+ exploit such Public User Content only on, through or by means of the Services.
+ HabitRPG does not claim any ownership rights in any such Public User Content and
+ nothing in these Terms of Service will be deemed to restrict any rights
that you may have to use and exploit any such Public User Content.
- You acknowledge and agree that you are solely responsible for all - Public User Content that you make available through the Services. Accordingly, - you represent and warrant that: (i) you either are the sole and - exclusive owner of all Public User Content that you make available through the - Services or you have all rights, licenses, consents and releases that - are necessary to grant to HabitRPG the rights in such Public User Content, as - contemplated under these Terms of Service; and (ii) neither the User - Content nor your posting, uploading, publication, submission or - transmittal of the Public User Content or HabitRPG's use of the Public User Content (or - any portion thereof) on, through or by means of the Services will - infringe, misappropriate or violate a third party's patent, copyright, - trademark, trade secret, moral rights or other intellectual property - rights, or rights of publicity or privacy, or result in the violation of + You acknowledge and agree that you are solely responsible for all + Public User Content that you make available through the Services. Accordingly, + you represent and warrant that: (i) you either are the sole and + exclusive owner of all Public User Content that you make available through the + Services or you have all rights, licenses, consents and releases that + are necessary to grant to HabitRPG the rights in such Public User Content, as + contemplated under these Terms of Service; and (ii) neither the User + Content nor your posting, uploading, publication, submission or + transmittal of the Public User Content or HabitRPG's use of the Public User Content (or + any portion thereof) on, through or by means of the Services will + infringe, misappropriate or violate a third party's patent, copyright, + trademark, trade secret, moral rights or other intellectual property + rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Copyrighted Materials: No Infringing Use. You will not use the - Services to offer, display, distribute, transmit, route, provide - connections to or store any material that infringes copyrighted works or - otherwise violates or promotes the violation of the intellectual - property rights of any third party. HabitRPG has adopted and implemented - a policy that provides for the termination in appropriate circumstances - of the accounts of users who repeatedly infringe or are believed to be - or are charged with repeatedly infringing the rights of copyright + Copyrighted Materials: No Infringing Use. You will not use the + Services to offer, display, distribute, transmit, route, provide + connections to or store any material that infringes copyrighted works or + otherwise violates or promotes the violation of the intellectual + property rights of any third party. HabitRPG has adopted and implemented + a policy that provides for the termination in appropriate circumstances + of the accounts of users who repeatedly infringe or are believed to be + or are charged with repeatedly infringing the rights of copyright holders.
Notify Us of Infringers
- If you believe that something on the Services violates your copyright,
- notify our copyright agent in writing. The contact information for our
+ If you believe that something on the Services violates your copyright,
+ notify our copyright agent in writing. The contact information for our
copyright agent is at the bottom of this section.
- In order for us to take action, you must do the following in your + In order for us to take action, you must do the following in your notice:
- (1) provide your physical or electronic signature; (2) identify - the copyrighted work that you believe is being infringed; (3) identify - the item on the Services that you think is infringing your work and - include sufficient information about where the material is located on - the Services (including which website and URL) so that we can find it; - (4) provide us with a way to contact you, such as your address, - telephone number, or e-mail; (5) provide a statement that you believe in - good faith that the item you have identified as infringing is not - authorized by the copyright owner, its agent, or the law to be used on - the Services; and (6) provide a statement that the information you - provide in your notice is accurate, and that (under penalty of perjury), - you are authorized to act on behalf of the copyright owner whose work is + (1) provide your physical or electronic signature; (2) identify + the copyrighted work that you believe is being infringed; (3) identify + the item on the Services that you think is infringing your work and + include sufficient information about where the material is located on + the Services (including which website and URL) so that we can find it; + (4) provide us with a way to contact you, such as your address, + telephone number, or e-mail; (5) provide a statement that you believe in + good faith that the item you have identified as infringing is not + authorized by the copyright owner, its agent, or the law to be used on + the Services; and (6) provide a statement that the information you + provide in your notice is accurate, and that (under penalty of perjury), + you are authorized to act on behalf of the copyright owner whose work is being infringed.
@@ -235,398 +235,398 @@ E-Mail: tylerrenelle at gmail dot com
- Again, we cannot take action unless you give us all the required + Again, we cannot take action unless you give us all the required information.
Ratings and Comments & Feedback.
- You can rate and make comments about content made available through the
- Services ("Comments"). HabitRPG advises you to exercise caution and good
- judgment when leaving such Comments. Once you complete and submit your
- Comments to the Services you will not be able to go back and edit your
- Comments. You should also be aware that you could be held legally
- responsible for damages to someone's reputation if your Comments are
- deemed to be defamatory. Without limiting any other terms of this Terms
- of Service, HabitRPG may, but is under no obligation to, monitor or
- censor Comments and disclaims any and all liability relating thereto.
- Notwithstanding the foregoing, HabitRPG does reserve the right, in its
- sole discretion, to remove any Comments that it deems to be improper,
- inappropriate or inconsistent with the online activities that are
- permitted under these Terms of Service. We welcome and encourage you to
- provide feedback, comments and suggestions for improvements to the
- Services ("Feedback"). You may submit Feedback by emailing us at support
- AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
- will be the sole and exclusive property of HabitRPG and you hereby
- irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
- all of your right, title, and interest in and to all Comments and
- Feedback, including without limitation all worldwide patent rights,
- copyright rights, trade secret rights, and other proprietary or
- intellectual property rights therein. At HabitRPG's request and expense,
- you will execute documents and take such further acts as HabitRPG may
- reasonably request to assist HabitRPG to acquire, perfect, and maintain
- its intellectual property rights and other legal protections for the
+ You can rate and make comments about content made available through the
+ Services ("Comments"). HabitRPG advises you to exercise caution and good
+ judgment when leaving such Comments. Once you complete and submit your
+ Comments to the Services you will not be able to go back and edit your
+ Comments. You should also be aware that you could be held legally
+ responsible for damages to someone's reputation if your Comments are
+ deemed to be defamatory. Without limiting any other terms of this Terms
+ of Service, HabitRPG may, but is under no obligation to, monitor or
+ censor Comments and disclaims any and all liability relating thereto.
+ Notwithstanding the foregoing, HabitRPG does reserve the right, in its
+ sole discretion, to remove any Comments that it deems to be improper,
+ inappropriate or inconsistent with the online activities that are
+ permitted under these Terms of Service. We welcome and encourage you to
+ provide feedback, comments and suggestions for improvements to the
+ Services ("Feedback"). You may submit Feedback by emailing us at support
+ AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
+ will be the sole and exclusive property of HabitRPG and you hereby
+ irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
+ all of your right, title, and interest in and to all Comments and
+ Feedback, including without limitation all worldwide patent rights,
+ copyright rights, trade secret rights, and other proprietary or
+ intellectual property rights therein. At HabitRPG's request and expense,
+ you will execute documents and take such further acts as HabitRPG may
+ reasonably request to assist HabitRPG to acquire, perfect, and maintain
+ its intellectual property rights and other legal protections for the
Comments and Feedback.
Interactions between Users
- You are solely responsible for your interactions (including any
- disputes) with other users. You understand that HabitRPG does not in any
- way screen HabitRPG users, except to only allow people aged 14 and over
- to create accounts. You are solely responsible for, and will exercise
- caution, discretion, common sense and judgment in, using the Services
- and disclosing personal information to other HabitRPG users. You agree to
- take reasonable precautions in all interactions with other HabitRPG
- users, particularly if you decide to meet a HabitRPG user offline, or in
- person. Your use of the Services, HabitRPG Content and any other content
- made available through the Services is at your sole risk and discretion
- and HabitRPG hereby disclaims any and all liability to you or any third
- party relating thereto. HabitRPG reserves the right to contact Members,
- in compliance with applicable law, in order to evaluate compliance with
- the rules and policies in these Terms of Service. You will cooperate
- fully with HabitRPG to investigate any suspected unlawful, fraudulent or
- improper activity, including, without limitation, granting authorized
- HabitRPG representatives access to any password-protected portions of
+ You are solely responsible for your interactions (including any
+ disputes) with other users. You understand that HabitRPG does not in any
+ way screen HabitRPG users, except to only allow people aged 14 and over
+ to create accounts. You are solely responsible for, and will exercise
+ caution, discretion, common sense and judgment in, using the Services
+ and disclosing personal information to other HabitRPG users. You agree to
+ take reasonable precautions in all interactions with other HabitRPG
+ users, particularly if you decide to meet a HabitRPG user offline, or in
+ person. Your use of the Services, HabitRPG Content and any other content
+ made available through the Services is at your sole risk and discretion
+ and HabitRPG hereby disclaims any and all liability to you or any third
+ party relating thereto. HabitRPG reserves the right to contact Members,
+ in compliance with applicable law, in order to evaluate compliance with
+ the rules and policies in these Terms of Service. You will cooperate
+ fully with HabitRPG to investigate any suspected unlawful, fraudulent or
+ improper activity, including, without limitation, granting authorized
+ HabitRPG representatives access to any password-protected portions of
your HabitRPG Account.
General Prohibitions
- You agree not to do any of the following while using the Services or
+ You agree not to do any of the following while using the Services or
HabitRPG Content:
- 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 + 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.
Links
- 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.
+ 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.
Termination and HabitRPG Account; Cancellation
- 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,
+ 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.
- You may terminate your HabitRPG Account at any time and for any - reason by sending email to support AT HabitRPG.com. Upon any termination + 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.
- 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. + 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.
- 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 + 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.
Disclaimers
- 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
+ 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.
- 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 + 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM - HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL + 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.
Indemnity
- 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
+ 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.
Limitation of Liability
- 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
+ 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.
- 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 + 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.
Proprietary Rights Notices
- 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
+ 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.
Controlling Law and Jurisdiction
- 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
+ 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.
- 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. + 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.
Export Control
- 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
+ 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.
Entire Agreement
- 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
+ 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.
Assignment
- 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
+ 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.
Notices
- 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
+ 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.
General
- 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
+ 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.
Contacting Us
- If you have any questions about these Terms of Service, please contact
+ If you have any questions about these Terms of Service, please contact
us at tylerrenelle@gmail.com.