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move terms & privacy to staticPages

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Conflicts:

	lib/server/index.js
	src/server/index.coffee
	views/app/index.html
This commit is contained in:
Tyler Renelle 2012-09-02 22:46:11 -04:00
parent 14f9036f7b
commit 8a4185815f
9 changed files with 1014 additions and 972 deletions
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5
lib/app/index.js
View file

@ -19,9 +19,12 @@ helpers = require('./helpers');
helpers.viewHelpers(view);
get('/:uidParam?', function(page, model, _arg) {
get('/:uidParam?', function(page, model, _arg, next) {
var uidParam, userId;
uidParam = _arg.uidParam;
if (uidParam === 'privacy' || uidParam === 'terms') {
return next();
}
userId = model.get('_userId');
return model.subscribe("users." + userId, function(err, user) {
var guid, newUser, task, _i, _len, _ref1;

16
lib/server/index.js
View file

@ -78,6 +78,22 @@ expressApp.use(express.favicon()).use(gzippo.staticGzip(publicPath, {
require('./api')(expressApp);
expressApp.post('/', function(req) {
return require('../app/reroll').stripeResponse(req);
});
expressApp.get('/privacy', function(req, res) {
var staticPages;
staticPages = derby.createStatic(root);
return staticPages.render('privacy', res);
});
expressApp.get('/terms', function(req, res) {
var staticPages;
staticPages = derby.createStatic(root);
return staticPages.render('terms', res);
});
expressApp.all('*', function(req) {
throw "404: " + req.url;
});

339
public/privacy.html
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@ -1,339 +0,0 @@
<html><body>
<div class="well">
<div class="page-header">
<h1>Privacy Policy</h1>
</div>
<p class="pagemeta">Last updated September 02, 2012</p>
<p>
<strong>PLEASE READ THIS PRIVACY POLICY CAREFULLY.</strong>
<br>
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."
</p>
<p>
To review material modifications and their effective dates scroll
to the bottom of the page.
</p>
<p>
<strong>
1. Privacy Statement; Collection of Personal
Information.
</strong>
<br>
1.1 OCDevel owns and operates this business. All
references to "we", "us", shall be construed to mean OCDevel.
</p>
<p>
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.
</p>
<p>
<strong>2. Modification of Privacy Policy.</strong>
<br>
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.
</p>
<p>
<strong>3. Collection of Anonymous, Passive Information.</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>4. Use and Sharing of Anonymous, Passive Information.</strong>
<br>
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.
</p>
<p>
<strong>5. 3rd Party Behavioral Ads; Google's AdSense Network.</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
<strong>6. Use of 3rd Party Analytics.</strong>
<br>
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.
</p>
<p>
<strong>7. Collection of Personal Information; Categories.</strong>
<br>
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.
</p>
<p>
<strong>
8. Use And Sharing of Personal Information: General
Policy And Exceptions.
</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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).
</p>
<p>
<strong>
9. Onward Transfer of Personal Information Outside Your
Country of Residence.
</strong>
<br>
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.
</p>
<p>
<strong>10. Security of Personal Information.</strong>
<br>
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.
</p>
<p>
<strong>11. Changing And Updating Personal Information.</strong>
<br>
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.
</p>
<p>
<strong>12. Email From This Site; Opt-Out Rights.</strong>
<br>
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.
</p>
<p>
<strong>13. Children's Online Policy.</strong>
<br>
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.
</p>
<p>
<strong>
14. Email And Other Messages Through This Site; ECPA
Notice.
</strong>
<br>
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.
</p>
<p>
<strong>15. Contact Us.</strong>
<br>
If you have any questions regarding this Privacy Policy, please
contact the owner and operator of this website business:
</p><address>
<strong>OCDevel</strong>
<br>
98 Morrison Ave #2
<br>
Somerville, MA 02144
<br>
Email:
<a href="mailto:tylerrenelle@gmail.com">tylerrenelle@gmail.com</a>
<br>
Telephone: 1-805-975-5236
</address>
<p></p>
<div id="home_static_footer">
© 2012 OCDevel
</div>
</div>
</body></html>

629
public/terms.html
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@ -1,629 +0,0 @@
<html><body>
<div class="well">
<div class="page-header">
<h1>Terms Of Use</h1>
</div>
<p>Last updated November 28, 2010</p>
<p>
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
Sites may be referred to as the "Services".
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>Modification</strong>
<br>
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.
</p>
<p>
<strong>Eligibility and HabitRPG Account Registration</strong>
<br>
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.
</p>
<p>
<strong>Privacy</strong>
<br>
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.
</p>
<p>
<strong>Content</strong>
<br>
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 Astrid 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
found to be offensive, indecent, or objectionable.
</p>
<p>
<strong>Ownership</strong>
<br>
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.
</p>
<p>
<strong>HabitRPG License</strong>
<br>
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.
</p>
<p>
<strong>Public User Content</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>Notify Us of Infringers</strong>
<br>
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.
</p>
<p>
In order for us to take action, you must do the following in your
notice:
</p>
<p>
(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.
</p>
<p>Here is the contact information for our copyright agent:</p>
<p>
Copyright Enforcement
<br>
OCDevel
<br>
98 Morrison Ave #2
<br>
Somerville, MA 02144
<br>
Phone: (805) 975-5236
<br>
E-Mail: tylerrenelle at gmail dot com
</p>
<p>
Again, we cannot take action unless you give us all the required
information.
</p>
<p>
<strong>Ratings and Comments &amp; Feedback.</strong>
<br>
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.
</p>
<p>
<strong>Interactions between Users</strong>
<br>
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.
</p>
<p>
<strong>General Prohibitions</strong>
<br>
You agree not to do any of the following while using the Services or
HabitRPG Content:
<br>
</p>
<ul>
<li>
Post, upload, publish, submit or transmit any text, graphics,
images, software, music, audio, video, information or other material
that: (i) infringes, misappropriates or violates a third party's
patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable
law or regulation or would give rise to civil liability; (iii) is
fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any other person; or (vii)
promotes illegal or harmful activities or substances (including but not
limited to activities that promote or provide instructional information
regarding the manufacture or purchase of illegal weapons or illegal
substances).
</li>
<li>
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>
</body></html>

4
src/app/index.coffee
View file

@ -14,7 +14,9 @@ helpers.viewHelpers(view)
# ========== ROUTES ==========
get '/:uidParam?', (page, model, {uidParam}) ->
get '/:uidParam?', (page, model, {uidParam}, next) ->
#FIXME figure out a better way to do this
return next() if (uidParam == 'privacy' or uidParam == 'terms')
userId = model.get '_userId'

12
src/server/index.coffee
View file

@ -85,11 +85,21 @@ expressApp
.use(expressApp.router)
.use(serverError root)
## SERVER ONLY ROUTES ##
require('./api')(expressApp)
expressApp.post '/', (req) ->
require('../app/reroll').stripeResponse(req)
expressApp.get '/privacy', (req, res) ->
staticPages = derby.createStatic root
staticPages.render 'privacy', res
expressApp.get '/terms', (req, res) ->
staticPages = derby.createStatic root
staticPages.render 'terms', res
expressApp.all '*', (req) ->
throw "404: #{req.url}"

8
views/app/index.html
View file

@ -152,7 +152,13 @@
<tr>
<td>
Copyright &copy; 2012 Tyler Renelle&nbsp;&nbsp;&nbsp;
Copyright &copy; 2012 Tyler Renelle&nbsp;&nbsp;&nbsp;&nbsp;
</td>
<td>
<a target="_blank" href="https://github.com/lefnire/habitrpg#habitrpg">About</a>&nbsp;&nbsp;&nbsp;&nbsp;
<a href="/privacy">Privacy</a>&nbsp;&nbsp;&nbsp;&nbsp;
<a href="/terms">Terms</a>&nbsp;&nbsp;&nbsp;&nbsp;
</td>
{#unless _mobileDevice}

337
views/privacy.html Normal file
View file

@ -0,0 +1,337 @@
<Title:>
Privacy Policy
<Body:>
<div class="well">
<a href="/">&laquo; Back</a>
<div class="page-header">
<h1>Privacy Policy</h1>
</div>
<p class="pagemeta">
Last updated September 02, 2012
</p>
<p>
<strong>PLEASE READ THIS PRIVACY POLICY CAREFULLY.</strong>
<br>
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."
</p>
<p>
To review material modifications and their effective dates scroll
to the bottom of the page.
</p>
<p>
<strong> 1. Privacy Statement; Collection of Personal
Information. </strong>
<br>
1.1 OCDevel owns and operates this business. All
references to "we", "us", shall be construed to mean OCDevel.
</p>
<p>
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.
</p>
<p>
<strong>2. Modification of Privacy Policy.</strong>
<br>
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.
</p>
<p>
<strong>3. Collection of Anonymous, Passive Information.</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>4. Use and Sharing of Anonymous, Passive Information.</strong>
<br>
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.
</p>
<p>
<strong>5. 3rd Party Behavioral Ads; Google's AdSense Network.</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
<strong>6. Use of 3rd Party Analytics.</strong>
<br>
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.
</p>
<p>
<strong>7. Collection of Personal Information; Categories.</strong>
<br>
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.
</p>
<p>
<strong> 8. Use And Sharing of Personal Information: General
Policy And Exceptions. </strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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).
</p>
<p>
<strong> 9. Onward Transfer of Personal Information Outside Your
Country of Residence. </strong>
<br>
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.
</p>
<p>
<strong>10. Security of Personal Information.</strong>
<br>
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.
</p>
<p>
<strong>11. Changing And Updating Personal Information.</strong>
<br>
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.
</p>
<p>
<strong>12. Email From This Site; Opt-Out Rights.</strong>
<br>
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.
</p>
<p>
<strong>13. Children's Online Policy.</strong>
<br>
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.
</p>
<p>
<strong> 14. Email And Other Messages Through This Site; ECPA
Notice. </strong>
<br>
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.
</p>
<p>
<strong>15. Contact Us.</strong>
<br>
If you have any questions regarding this Privacy Policy, please
contact the owner and operator of this website business:
</p>
<address>
<strong>OCDevel</strong>
<br>
98 Morrison Ave #2
<br>
Somerville, MA 02144
<br>
Email:
<a href="mailto:tylerrenelle@gmail.com">tylerrenelle@gmail.com</a>
<br>
Telephone: 1-805-975-5236
</address>
<p></p>
<div id="home_static_footer">
© 2012 OCDevel
</div>
</div>

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<Title:>
Terms Of Use
<Body:>
<div class="well">
<a href="/">&laquo; Back</a>
<div class="page-header">
<h1>Terms Of Use</h1>
</div>
<p>
Last updated September 2, 2012
</p>
<p>
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
Sites may be referred to as the "Services".
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>Modification</strong>
<br>
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.
</p>
<p>
<strong>Eligibility and HabitRPG Account Registration</strong>
<br>
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.
</p>
<p>
<strong>Privacy</strong>
<br>
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.
</p>
<p>
<strong>Content</strong>
<br>
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 Astrid 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
found to be offensive, indecent, or objectionable.
</p>
<p>
<strong>Ownership</strong>
<br>
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.
</p>
<p>
<strong>HabitRPG License</strong>
<br>
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.
</p>
<p>
<strong>Public User Content</strong>
<br>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
<strong>Notify Us of Infringers</strong>
<br>
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.
</p>
<p>
In order for us to take action, you must do the following in your
notice:
</p>
<p>
(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.
</p>
<p>
Here is the contact information for our copyright agent:
</p>
<p>
Copyright Enforcement
<br>
OCDevel
<br>
98 Morrison Ave #2
<br>
Somerville, MA 02144
<br>
Phone: (805) 975-5236
<br>
E-Mail: tylerrenelle at gmail dot com
</p>
<p>
Again, we cannot take action unless you give us all the required
information.
</p>
<p>
<strong>Ratings and Comments &amp; Feedback.</strong>
<br>
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.
</p>
<p>
<strong>Interactions between Users</strong>
<br>
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.
</p>
<p>
<strong>General Prohibitions</strong>
<br>
You agree not to do any of the following while using the Services or
HabitRPG Content:
<br>
</p>
<ul>
<li>
Post, upload, publish, submit or transmit any text, graphics,
images, software, music, audio, video, information or other material
that: (i) infringes, misappropriates or violates a third party's
patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable
law or regulation or would give rise to civil liability; (iii) is
fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any other person; or (vii)
promotes illegal or harmful activities or substances (including but not
limited to activities that promote or provide instructional information
regarding the manufacture or purchase of illegal weapons or illegal
substances).
</li>
<li>
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>
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