-PLEASE READ THIS PRIVACY POLICY CAREFULLY.
-
-By accessing
-or otherwise using habitrpg.com or any sub domains thereto ("the Sites"),
-or using a habitrpg.com or HabitRPG application on a mobile device ("the Applications"),
-you agree to be bound contractually by this Privacy Policy. Individually
-or collectively, the Applications and the Sites may be referred to as
-the "Services."
-
-To review material modifications and their effective dates scroll -to the bottom of the page. -
-
-
-1. Privacy Statement; Collection of Personal
-Information.
-
-
-1.1 OCDevel owns and operates this business. All
-references to "we", "us", shall be construed to mean OCDevel.
-
-1.2 We understand that visitors to this website are concerned -about the privacy of information. The following describes our privacy -policy regarding information, including personal information, that we -collect through this website. -
-
-2. Modification of Privacy Policy.
-
-We reserve the right to modify this Privacy Policy at any time,
-and without prior notice, by posting an amended Privacy Policy that is
-always accessible by clicking on the "Privacy Policy" link on this
-site's home page. Your continued use of this site indicates your
-acceptance of the amended Privacy Policy. You should check the Privacy
-Policy through this link periodically for modifications by clicking on
-the link provided near the top of the Privacy Policy for a listing of
-material modifications and their effective dates. Regarding personal
-information, if any modifications are materially less restrictive on our
-use or disclosure of the personal information previously disclosed by
-you, we will obtain your consent before implementing such revisions with
-respect to such information.
-
-3. Collection of Anonymous, Passive Information.
-
-We reserve the right to monitor your use of the services. As you
-navigate through the services, certain anonymous information may be
-passively collected (that is, gathered without your actively providing
-the information) using various technologies, such as cookies, Internet
-tags or web beacons, and navigational data collection (log files, server
-logs, clickstream). The following is a listing and a brief explanation
-of passive information collection methodologies which we may use from
-time to time to better understand how the Services are being used.
-
-3.1 A "cookie" is a text file that this site sends to your -browser in the form of a text file The information generated by the -cookie about your use of this site (including your IP address) will be -transmitted to and stored. Most browsers automatically accept cookies, -but they usually can be modified to decline cookies if you prefer; -however, certain features of this site might not work without cookies. -
--3.2 "Session" cookies are temporary bits of information that are -used to improve navigation, block visitors from providing information -where inappropriate (the Services "remembers" previous entries of age or -country of origin that were outside the specified parameters and blocks -subsequent changes), and collect aggregate statistical information on -the Services. They are erased once you exit your Web browser or -otherwise turn off your computer. -
--3.3 "Persistent" cookies are more permanent bits of information -that are placed on the hard drive of your computer and stay there unless -you delete the cookie. Persistent cookies store information on your -computer for a number of purposes, such as retrieving certain -information you have previously provided, helping to determine what -areas of the Services you may find most valuable, and customizing the -Services based on your preferences on an ongoing basis. Persistent -cookies placed by this site in your computer do not hold personal -information. -
--3.4 You can set your browser to accept all cookies, to reject all -cookies, or to notify you whenever a cookie is offered so that you can -decide each time whether to accept it. To learn more about cookies and -how to specify your preferences, please search for "cookie" in the -"Help" portion of your browser. -
--3.5 An Internet Protocol (IP) address is a number assigned to -your computer by your Internet service provider so you can access the -Internet and is generally considered to be non-personally identifiable -information, because in most cases an IP address is dynamic (changing -each time you connect to the Internet), rather than static (unique to a -particular user's computer). The IP address can be used to diagnose -problems with a server, report aggregate information, determine the -fastest route for your computer to use in connecting to a site, and -administer and improve the Services. -
--3.6 "Internet tags" (also known as Web Beacons, single-pixel -GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than -cookies and tell the Web site server information such as the IP address -and browser type related to the visitor's computer. Tags may be placed -both on online advertisements that bring people to the Services and on -different pages of the Services. Such tags indicate how many times a -page is opened and which information is consulted. -
--3.7 "Navigational data" (log files, server logs, and clickstream -data) are used for system management, to improve the content of the -Services, market research purposes, and to communicate information to -visitors. -
-
-4. Use and Sharing of Anonymous, Passive Information.
-
-The Services may make full use of passively collected anonymous
-information, including without limitation the right to use such
-information to provide better service to Service users, customize the
-Services based on your preferences, compile and analyze statistics and
-trends, and otherwise administer and improve the Services for your use. We
-reserve the right to share this anonymous, passive information in
-aggregated form.
-
-5. 3rd Party Behavioral Ads; Google's AdSense Network.
-
-5.1 We reserve the right to use anonymous, passive information
-about your visits to this and other websites (not including your name,
-address, email address or telephone number) for purposes of serving our
-ads and third party ads that are targeted to your interests ("3rd Party
-Behavioral Ads"). We reserve the right to share anonymous, passive
-information collected on the services with third parties for purposes of
-serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not
-identify you personally. Instead, they associate your behavioral data on
-visited sites with your browser, so that the ads your computer sees on
-this site are more likely to be relevant to your interests. 3rd Party
-Behavioral Ads require that that you be served with a cookie containing
-a tracking code. You may refuse the use of cookies by selecting the
-appropriate settings on your browser; however, please note that if you
-do this you may not be able to use the full functionality of this site.
-
-5.2 We reserve the right to participate in Google's AdSense -network for purposes of serving 3rd Party Behavioral Ads. Google uses -DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the -AdSense network. You may opt out of the use of the DART cookie. For -information regarding how to opt out, go to -http://www.google.com/privacy_ads.html. -
-
-6. Use of 3rd Party Analytics.
-
-We reserve the right to use analytics services provided by
-third parties. These services use 3rd party cookies to collect
-anonymous, passive information about your use of this site (see
-explanation of cookies in Collection of Anonymous, Passive Information
-above). We use this information for the purpose of evaluating your use
-of the Services, compiling reports on activity, and providing other
-services. These web analytics services may also transfer this
-information to third parties where required to do so by law, or where
-such third parties process the information on the service's behalf.
-
-7. Collection of Personal Information; Categories.
-
-We will ask you for personal information when you sign up for any
-specific benefit or purpose that requires registration. Personal
-information that we collect may vary with the each registration, and it
-may include one or more of the following categories: name, physical
-address, an email address, phone number, and credit card information
-including credit card number, expiration date, and billing address,
-emergency contact information, current medications, allergies, medical
-insurance information.
-
-
-8. Use And Sharing of Personal Information: General
-Policy And Exceptions.
-
-
-Our general policy is that we will use your personal information,
-including combining your personal information with passive information
-collected from this site, only for: the performance of the services or
-transaction for which it was given, our private, internal reporting for
-this site, and security assessments for this site, and we will not
-share, sell, or rent your personal information to others. The only
-exceptions to this general policy: (i) are described in the subsections
-below, and (ii) if you explicitly approve through our site.
-
-8.1 Affiliates And Service Providers. We reserve the right to -provide such information to our affiliates or subsidiaries, or trusted -service providers for the purpose of hosting our servers or processing -or archiving personal information for us. We require that these parties -agree to privacy and security safeguards for this information that are -consistent with this Privacy Policy. -
--8.2 Acquisition; Bankruptcy. In the event that we are acquired by -or merged with a third party entity, we reserve the right to transfer -such information as part of such merger, acquisition, sale, or other -change of control. In the unlikely event of our bankruptcy, insolvency, -reorganization, receivership, or assignment for the benefit of -creditors, or the application of laws or equitable principles affecting -creditors' rights generally, we reserve the right to transfer such -information to protect our rights or as required by law. -
--8.3 Enforcement; Legal Process. We reserve the right to transfer -such information if we have a good faith belief that access, use, -preservation or disclosure of such information is reasonably necessary -(i) to satisfy any applicable law, regulation, legal process or -enforceable governmental request, or (ii) to investigate or enforce -violations of our rights or the security of this site. -
--8.4 Miscellaneous. We reserve the right to share personal -information with the following additional parties: online organizers -using our tools and resellers of our products and services from whose -site the sale originated (even though the sale originates at site of the -reseller, registration and collection of personal information occurs at -this site). -
-
-
-9. Onward Transfer of Personal Information Outside Your
-Country of Residence.
-
-
-Any personal information which we may collect on this site will
-be stored and processed in our servers located only in the United
-States. By using this site, if you reside outside the United States, you
-consent to the transfer of personal information outside your country of
-residence to the United States.
-
-10. Security of Personal Information.
-
-We follow reasonable and appropriate industry standards to
-protect your personal information and data. Unfortunately, no data
-transmission over the Internet or method of data storage can be
-guaranteed 100% secure. Therefore, while we strive to protect your
-personal information by following generally accepted industry standards,
-we cannot ensure or warrant the absolute security of any information you
-transmit to us or archive at this site.
-
-11. Changing And Updating Personal Information.
-
-Upon request, we will permit you to request or make changes or
-updates to your personal information for legitimate purposes. We request
-identification prior to approving such requests. We reserve the right to
-decline any requests that are unreasonably repetitive or systematic,
-require unreasonable time or effort of our technical or administrative
-personnel, or undermine the privacy rights of others. We reserve the
-right to permit you to access your personal information in any account
-you establish with this site for purposes of making your own changes or
-updates, and in such case, instructions for making such changes or
-updates will be provided where necessary.
-
-12. Email From This Site; Opt-Out Rights.
-
-If you supply us with your e-mail address you may receive
-periodic messages from us with information specific to the Services and
-required for the normal functioning of the Services as well as for new
-products or services or upcoming events. If you prefer not to receive
-periodic email messages, you may opt-out by following the instructions
-on the email.
-
-13. Children's Online Policy.
-
-We are committed to preserving online privacy for all of its
-website visitors, including children. This site is a general audience
-site. Consistent with the Children's Online Privacy Protection Act
-(COPPA), we will not knowingly collect any information from, or sell to,
-children under the age of 13. If you are a parent or guardian who has
-discovered that your child under the age of 13 has submitted his or her
-personally identifiable information without your permission or consent,
-we will remove the information from our active list, at your request. To
-request the removal of your child's information, please send contact our
-site as provided below under “Contact Us”, and be sure to include in
-your message the same login information that your child submitted.
-
-
-14. Email And Other Messages Through This Site; ECPA
-Notice.
-
-
-This site treats email messages and other electronic messages
-that are sent through this site and not viewable by others as
-confidential and private, except as required by law, including without
-limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C.
-Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited
-ability to intercept and/or disclose electronic messages, for example
-(i) as necessary to operate our system or to protect our rights or
-property, (ii) upon legal demand (court orders, warrants, subpoenas), or
-(iii) where we receive information inadvertently which appears to
-pertain to the commission of a crime. This site is not considered a
-"secure communications medium" under the ECPA.
-
-15. Contact Us.
-
-If you have any questions regarding this Privacy Policy, please
-contact the owner and operator of this website business:
-
Last updated November 28, 2010
--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". -
--Please read the following terms and conditions ("Terms of -Service") carefully. These Terms of Service govern your access to and -use of the Services and HabitRPG Content (defined below) and set forth -the legally binding terms for your use of the Services and HabitRPG -Content, whether or not you have registered as a Member. -
--Certain areas of the Services (and your access to or use of -HabitRPG Content) may have different terms and conditions posted or may -require you to agree with and accept additional terms and conditions. If -there is a conflict between these Terms of Service and terms and -conditions posted for a specific area of the Services or HabitRPG -Content, the latter terms and conditions will take precedence with -respect to your use of or access to that area of the Services or HabitRPG -Content. -
--YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR -"I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY -DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE -SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO -BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, -AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE -TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR -HABITRPG CONTENT. -
-
-Modification
-
-HabitRPG reserves the right, at its sole discretion, to modify,
-discontinue or terminate the Services, including any portion thereof on
-a global or individual basis, or to modify these Terms of Service, at
-any time and without prior notice. If we modify these Terms of Service,
-we will update the "Last Updated Date" above and post the modification
-on the Sites and perhaps elsewhere within the Services. By continuing to
-access or use the Services after we have posted a modification to these
-Terms of Service or have provided you with notice of a modification, you
-are indicating that you agree to be bound by the modified Terms of
-Service. If the modified Terms of Service are not acceptable to you,
-your only recourse is to cease using the Services.
-
-Eligibility and HabitRPG Account Registration
-
-In order to access certain features of the Sites and Services, and to
-post any Public User Content (defined below) on the Sites or through the
-Services, you must register to create an account ("HabitRPG Account") and
-become a "Member". In compliance with privacy laws, we do not allow
-people below the age of 14 to create accounts; please see our Privacy
-Policy for further information. During the registration process, you
-will be required to provide certain information and you will establish a
-username and a password. You agree to provide accurate, current and
-complete information during the registration process and to update such
-information to keep it accurate, current and complete. HabitRPG reserves
-the right to suspend or terminate your HabitRPG Account if any
-information provided during the registration process or thereafter
-proves to be inaccurate, not current or incomplete. If you are not a
-Member you may browse all areas of the Sites or use the parts of the
-Services that are not limited to Members only. You are responsible for
-safeguarding your password. You agree not to disclose your password to
-any third party and to take sole responsibility for any activities or
-actions under your HabitRPG Account, whether or not you have authorized
-such activities or actions. You agree to immediately notify HabitRPG of
-any unauthorized use of your HabitRPG Account. We are not liable for any
-damages or losses caused by someone using your account without your
-permission.
-
-Privacy
-
-See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
-information and notices concerning HabitRPG's collection and use of your
-personal information. If you have any questions about the HabitRPG
-Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
-accessing the Services you are agreeing to the terms of our Privacy
-Policy.
-
-Content
-
-Certain types of content are made available through the Services.
-"HabitRPG Content" means, collectively, the text, data, graphics, images,
-illustrations, forms and look and feel attributes, HabitRPG trademarks
-and logos and other content made available through the Services,
-including any technology or code making up the Services, excluding User
-Content. "Public User Content" means the text, data, graphics, images, photos,
-video or audiovisual content, hypertext links and any other content uploaded,
-transmitted or submitted by a Member via the Services with the intent to share
-with other users. "Private User Content" means data created through the services
-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.
-
-Ownership
-
-The Services and HabitRPG Content are protected by copyright, trademark,
-and other laws of the United States and foreign countries. Except as
-expressly provided in these Terms of Service, HabitRPG and its licensors
-exclusively own all right, title and interest in and to the Services and
-HabitRPG Content, including all associated intellectual property rights.
-You will not remove, alter or obscure any copyright, trademark, service
-mark or other proprietary rights notices incorporated in or accompanying
-the Services or HabitRPG Content.
-
-HabitRPG License
-
-Subject to your compliance with the terms and conditions of these Terms
-of Service, HabitRPG grants you a limited, non-exclusive,
-non-transferable license, without the right to sublicense, to access,
-use, view, download and print, where applicable, the Services and any
-HabitRPG Content solely for your personal and non-commercial purposes.
-You will not use, copy, adapt, modify, prepare derivative works based
-upon, distribute, license, sell, transfer, publicly display, publicly
-perform, transmit, stream, broadcast or otherwise exploit the Services
-or HabitRPG Content, except as expressly permitted in these Terms of
-Service. No licenses or rights are granted to you by implication or
-otherwise under any intellectual property rights owned or controlled by
-HabitRPG or its licensors, except for the licenses and rights expressly
-granted in these Terms of Service. With respect to HabitRPG Applications,
-your license is limited to use of such applications on platforms and
-devices that you own or control, and you may not distribute or make the
-HabitRPG Applications available over a network where it could be used by
-multiple devices at the same time.
-
-Public User Content
-
-By making available any Public User Content through the Services, you hereby
-grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
-transferable, royalty-free license, with the right to sublicense, to
-use, copy, adapt, modify, distribute, license, sell, transfer, publicly
-display, publicly perform, transmit, stream, broadcast and otherwise
-exploit such Public User Content only on, through or by means of the Services.
-HabitRPG does not claim any ownership rights in any such Public User Content and
-nothing in these Terms of Service will be deemed to restrict any rights
-that you may have to use and exploit any such Public User Content.
-
-You acknowledge and agree that you are solely responsible for all -Public User Content that you make available through the Services. Accordingly, -you represent and warrant that: (i) you either are the sole and -exclusive owner of all Public User Content that you make available through the -Services or you have all rights, licenses, consents and releases that -are necessary to grant to HabitRPG the rights in such Public User Content, as -contemplated under these Terms of Service; and (ii) neither the User -Content nor your posting, uploading, publication, submission or -transmittal of the Public User Content or HabitRPG's use of the Public User Content (or -any portion thereof) on, through or by means of the Services will -infringe, misappropriate or violate a third party's patent, copyright, -trademark, trade secret, moral rights or other intellectual property -rights, or rights of publicity or privacy, or result in the violation of -any applicable law or regulation. -
--Copyrighted Materials: No Infringing Use. You will not use the -Services to offer, display, distribute, transmit, route, provide -connections to or store any material that infringes copyrighted works or -otherwise violates or promotes the violation of the intellectual -property rights of any third party. HabitRPG has adopted and implemented -a policy that provides for the termination in appropriate circumstances -of the accounts of users who repeatedly infringe or are believed to be -or are charged with repeatedly infringing the rights of copyright -holders. -
-
-Notify Us of Infringers
-
-If you believe that something on the Services violates your copyright,
-notify our copyright agent in writing. The contact information for our
-copyright agent is at the bottom of this section.
-
-In order for us to take action, you must do the following in your -notice: -
--(1) provide your physical or electronic signature; (2) identify -the copyrighted work that you believe is being infringed; (3) identify -the item on the Services that you think is infringing your work and -include sufficient information about where the material is located on -the Services (including which website and URL) so that we can find it; -(4) provide us with a way to contact you, such as your address, -telephone number, or e-mail; (5) provide a statement that you believe in -good faith that the item you have identified as infringing is not -authorized by the copyright owner, its agent, or the law to be used on -the Services; and (6) provide a statement that the information you -provide in your notice is accurate, and that (under penalty of perjury), -you are authorized to act on behalf of the copyright owner whose work is -being infringed. -
-Here is the contact information for our copyright agent:
-
-Copyright Enforcement
-
-OCDevel
-
-98 Morrison Ave #2
-
-Somerville, MA 02144
-
-Phone: (805) 975-5236
-
-E-Mail: tylerrenelle at gmail dot com
-
-Again, we cannot take action unless you give us all the required -information. -
-
-Ratings and Comments & Feedback.
-
-You can rate and make comments about content made available through the
-Services ("Comments"). HabitRPG advises you to exercise caution and good
-judgment when leaving such Comments. Once you complete and submit your
-Comments to the Services you will not be able to go back and edit your
-Comments. You should also be aware that you could be held legally
-responsible for damages to someone's reputation if your Comments are
-deemed to be defamatory. Without limiting any other terms of this Terms
-of Service, HabitRPG may, but is under no obligation to, monitor or
-censor Comments and disclaims any and all liability relating thereto.
-Notwithstanding the foregoing, HabitRPG does reserve the right, in its
-sole discretion, to remove any Comments that it deems to be improper,
-inappropriate or inconsistent with the online activities that are
-permitted under these Terms of Service. We welcome and encourage you to
-provide feedback, comments and suggestions for improvements to the
-Services ("Feedback"). You may submit Feedback by emailing us at support
-AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
-will be the sole and exclusive property of HabitRPG and you hereby
-irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
-all of your right, title, and interest in and to all Comments and
-Feedback, including without limitation all worldwide patent rights,
-copyright rights, trade secret rights, and other proprietary or
-intellectual property rights therein. At HabitRPG's request and expense,
-you will execute documents and take such further acts as HabitRPG may
-reasonably request to assist HabitRPG to acquire, perfect, and maintain
-its intellectual property rights and other legal protections for the
-Comments and Feedback.
-
-Interactions between Users
-
-You are solely responsible for your interactions (including any
-disputes) with other users. You understand that HabitRPG does not in any
-way screen HabitRPG users, except to only allow people aged 14 and over
-to create accounts. You are solely responsible for, and will exercise
-caution, discretion, common sense and judgment in, using the Services
-and disclosing personal information to other HabitRPG users. You agree to
-take reasonable precautions in all interactions with other HabitRPG
-users, particularly if you decide to meet a HabitRPG user offline, or in
-person. Your use of the Services, HabitRPG Content and any other content
-made available through the Services is at your sole risk and discretion
-and HabitRPG hereby disclaims any and all liability to you or any third
-party relating thereto. HabitRPG reserves the right to contact Members,
-in compliance with applicable law, in order to evaluate compliance with
-the rules and policies in these Terms of Service. You will cooperate
-fully with HabitRPG to investigate any suspected unlawful, fraudulent or
-improper activity, including, without limitation, granting authorized
-HabitRPG representatives access to any password-protected portions of
-your HabitRPG Account.
-
-General Prohibitions
-
-You agree not to do any of the following while using the Services or
-HabitRPG Content:
-
-
-HabitRPG will have the right to investigate and prosecute -violations of any of the above, including intellectual property rights -infringement and Services security issues, to the fullest extent of the -law. HabitRPG may involve and cooperate with law enforcement authorities -in prosecuting users who violate these Terms of Service. You acknowledge -that HabitRPG has no obligation to monitor your access to or use of the -Services or HabitRPG Content or to review or edit any Public User Content, but -has the right to do so for the purpose of operating the Services, to -ensure your compliance with these Terms of Service, or to comply with -applicable law or the order or requirement of a court, administrative -agency or other governmental body. HabitRPG reserves the right, at any -time and without prior notice, to remove or disable access to any -HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole -discretion, considers to be in violation of these Terms of Service or -otherwise harmful to the Services. -
-
-Links
-
-The Services may contain links to third-party websites or resources. You
-acknowledge and agree that HabitRPG is not responsible or liable for: (i)
-the availability or accuracy of such websites or resources; or (ii) the
-content, products, or services on or available from such websites or
-resources. Links to such websites or resources do not imply any
-endorsement by HabitRPG of such websites or resources or the content,
-products, or services available from such websites or resources. You
-acknowledge sole responsibility for and assume all risk arising from
-your use of any such websites or resources.
-
-Termination and HabitRPG Account; Cancellation
-
-Without limiting other remedies, HabitRPG may at any time suspend or
-terminate your HabitRPG Account and refuse to provide access to the
-Services. In addition, HabitRPG may notify authorities or take any
-actions it deems appropriate, without notice to you, if HabitRPG suspects
-or determines, in its own discretion, that you may have or there is a
-significant risk that you have (i) failed to comply with any provision
-of these Terms of Service or any policies or rules established by
-HabitRPG; or (ii) engaged in actions relating to or in the course of
-using the Services that may be illegal or cause liability, harm,
-embarrassment, harassment, abuse or disruption for you, HabitRPG Users,
-HabitRPG or any other third parties or the Services.
-
-You may terminate your HabitRPG Account at any time and for any -reason by sending email to support AT HabitRPG.com. Upon any termination -by a Member, the related account will no longer be accessible. -
--After any termination, you understand and acknowledge that we -will have no further obligation to provide the Services and all licenses -and other rights granted to you by these Terms of Service will -immediately cease. HabitRPG will not be liable to you or any third party -for termination of the Services or termination of your use of either. -UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR -INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE -SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE -ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to -maintain any information stored in our database related to your account -or to forward any information to you or any third party. -
--Any suspension, termination or cancellation will not affect your -obligations to HabitRPG under these Terms of Service (including, without -limitation, proprietary rights and ownership, indemnification and -limitation of liability), which by their sense and context are intended -to survive such suspension, termination or cancellation. -
-
-Disclaimers
-
-THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS",
-WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
-LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
-NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
-USAGE OF TRADE.
-
-HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR -PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN -UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY -REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR -OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, -COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE -SERVICES. -
--NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM -HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL -CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. -
-
-Indemnity
-
-You agree to defend, indemnify, and hold HabitRPG, its officers,
-directors, employees and agents, harmless from and against any claims,
-liabilities, damages, losses, and expenses, including, without
-limitation, reasonable legal and accounting fees, arising out of or in
-any way connected with Public User Content you submit to HabitRPG, your access
-to or use of the Services or HabitRPG Content, or your violation of these
-Terms of Service.
-
-Limitation of Liability
-
-YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
-THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
-AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER
-PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
-HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
-CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
-GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
-COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION
-WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
-CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
-NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
-NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF
-A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
-ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT
-LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
-OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
-ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO
-ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED
-ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
-
-IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR -IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR -INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE -HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE -ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND -YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF -LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE -LIMITATION MAY NOT APPLY TO YOU. -
-
-Proprietary Rights Notices
-
-All trademarks, service marks, logos, trade names and any other
-proprietary designations of HabitRPG used herein are trademarks or
-registered trademarks of HabitRPG. Any other trademarks, service marks,
-logos, trade names and any other proprietary designations are the
-trademarks or registered trademarks of their respective parties.
-
-Controlling Law and Jurisdiction
-
-These Terms of Service and any action related thereto will be governed
-by the laws of the State of California without regard to its conflict of
-laws provisions. The exclusive jurisdiction and venue of any action with
-respect to the subject matter of these Terms of Service will be the
-courts having jurisdiction over disputes arising in Santa Clara County,
-California, and each of the parties hereto waives any objection to
-jurisdiction and venue in such courts.
-
-YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT -WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. -OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED. -
-
-Export Control
-
-You may not use or otherwise export or re-export the Services except as
-authorized by United States law and the laws of the jurisdiction in
-which the Services were obtained. In particular, but without limitation,
-the Services may not be exported or re-exported (a) into any U.S.
-embargoed countries or (b) to anyone on the U.S. Treasury Department's
-list of Specially Designated Nationals or the U.S. Department of
-Commerce Denied Person's List or Entity List. By using the Services, you
-represent and warrant that you are not located in any such country or on
-any such list. You also agree that you will not use these products for
-any purposes prohibited by United States law, including, without
-limitation, the development, design, manufacture or production of
-nuclear, missiles, or chemical or biological weapons.
-
-Entire Agreement
-
-These Terms of Service constitute the entire and exclusive understanding
-and agreement between HabitRPG and you regarding the Services and HabitRPG
-Content, and these Terms of Service supersede and replace any and all
-prior oral or written understandings or agreements between HabitRPG and
-you regarding the Services and HabitRPG Content.
-
-Assignment
-
-You may not assign or transfer these Terms of Service, by operation of
-law or otherwise, without HabitRPG's prior written consent. Any attempt
-by you to assign or transfer these Terms of Service, without such
-consent, will be null and of no effect. HabitRPG may freely assign these
-Terms of Service. Subject to the foregoing, these Terms of Service will
-bind and inure to the benefit of the parties, their successors and
-permitted assigns.
-
-Notices
-
-You consent to the use of: (i) electronic means to complete these Terms
-of Service and to deliver any notices or other communications permitted
-or required hereunder; and (ii) electronic records to store information
-related to these Terms of Service or your use of the Services. Any
-notices or other communications permitted to required hereunder,
-including those regarding modifications to these Terms of Service, will
-be in writing and given: (x) by HabitRPG via email (in each case to the
-address that you provide) or (y) by posting to the Sites or Services.
-For notices made by e-mail, the date of receipt will be deemed the date
-on which such notice is transmitted.
-
-General
-
-The failure of HabitRPG to enforce any right or provision of these Terms
-of Service will not constitute a waiver of future enforcement of that
-right or provision. The waiver of any such right or provision will be
-effective only if in writing and signed by a duly authorized
-representative of HabitRPG. Except as expressly set forth in these Terms
-of Service, the exercise by either party of any of its remedies under
-these Terms of Service will be without prejudice to its other remedies
-under these Terms of Service or otherwise. If for any reason a court of
-competent jurisdiction finds any provision of these Terms of Service
-invalid or unenforceable, that provision will be enforced to the maximum
-extent permissible and the other provisions of these Terms of Service
-will remain in full force and effect.
-
-Contacting Us
-
-If you have any questions about these Terms of Service, please contact
-us at tylerrenelle@gmail.com.
-
+ PLEASE READ THIS PRIVACY POLICY CAREFULLY.
+
+ By accessing
+ or otherwise using habitrpg.com or any sub domains thereto ("the Sites"),
+ or using a habitrpg.com or HabitRPG application on a mobile device ("the Applications"),
+ you agree to be bound contractually by this Privacy Policy. Individually
+ or collectively, the Applications and the Sites may be referred to as
+ the "Services."
+
+ To review material modifications and their effective dates scroll + to the bottom of the page. +
+
+ 1. Privacy Statement; Collection of Personal
+ Information.
+
+ 1.1 OCDevel owns and operates this business. All
+ references to "we", "us", shall be construed to mean OCDevel.
+
+ 1.2 We understand that visitors to this website are concerned + about the privacy of information. The following describes our privacy + policy regarding information, including personal information, that we + collect through this website. +
+
+ 2. Modification of Privacy Policy.
+
+ We reserve the right to modify this Privacy Policy at any time,
+ and without prior notice, by posting an amended Privacy Policy that is
+ always accessible by clicking on the "Privacy Policy" link on this
+ site's home page. Your continued use of this site indicates your
+ acceptance of the amended Privacy Policy. You should check the Privacy
+ Policy through this link periodically for modifications by clicking on
+ the link provided near the top of the Privacy Policy for a listing of
+ material modifications and their effective dates. Regarding personal
+ information, if any modifications are materially less restrictive on our
+ use or disclosure of the personal information previously disclosed by
+ you, we will obtain your consent before implementing such revisions with
+ respect to such information.
+
+ 3. Collection of Anonymous, Passive Information.
+
+ We reserve the right to monitor your use of the services. As you
+ navigate through the services, certain anonymous information may be
+ passively collected (that is, gathered without your actively providing
+ the information) using various technologies, such as cookies, Internet
+ tags or web beacons, and navigational data collection (log files, server
+ logs, clickstream). The following is a listing and a brief explanation
+ of passive information collection methodologies which we may use from
+ time to time to better understand how the Services are being used.
+
+ 3.1 A "cookie" is a text file that this site sends to your + browser in the form of a text file The information generated by the + cookie about your use of this site (including your IP address) will be + transmitted to and stored. Most browsers automatically accept cookies, + but they usually can be modified to decline cookies if you prefer; + however, certain features of this site might not work without cookies. +
++ 3.2 "Session" cookies are temporary bits of information that are + used to improve navigation, block visitors from providing information + where inappropriate (the Services "remembers" previous entries of age or + country of origin that were outside the specified parameters and blocks + subsequent changes), and collect aggregate statistical information on + the Services. They are erased once you exit your Web browser or + otherwise turn off your computer. +
++ 3.3 "Persistent" cookies are more permanent bits of information + that are placed on the hard drive of your computer and stay there unless + you delete the cookie. Persistent cookies store information on your + computer for a number of purposes, such as retrieving certain + information you have previously provided, helping to determine what + areas of the Services you may find most valuable, and customizing the + Services based on your preferences on an ongoing basis. Persistent + cookies placed by this site in your computer do not hold personal + information. +
++ 3.4 You can set your browser to accept all cookies, to reject all + cookies, or to notify you whenever a cookie is offered so that you can + decide each time whether to accept it. To learn more about cookies and + how to specify your preferences, please search for "cookie" in the + "Help" portion of your browser. +
++ 3.5 An Internet Protocol (IP) address is a number assigned to + your computer by your Internet service provider so you can access the + Internet and is generally considered to be non-personally identifiable + information, because in most cases an IP address is dynamic (changing + each time you connect to the Internet), rather than static (unique to a + particular user's computer). The IP address can be used to diagnose + problems with a server, report aggregate information, determine the + fastest route for your computer to use in connecting to a site, and + administer and improve the Services. +
++ 3.6 "Internet tags" (also known as Web Beacons, single-pixel + GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than + cookies and tell the Web site server information such as the IP address + and browser type related to the visitor's computer. Tags may be placed + both on online advertisements that bring people to the Services and on + different pages of the Services. Such tags indicate how many times a + page is opened and which information is consulted. +
++ 3.7 "Navigational data" (log files, server logs, and clickstream + data) are used for system management, to improve the content of the + Services, market research purposes, and to communicate information to + visitors. +
+
+ 4. Use and Sharing of Anonymous, Passive Information.
+
+ The Services may make full use of passively collected anonymous
+ information, including without limitation the right to use such
+ information to provide better service to Service users, customize the
+ Services based on your preferences, compile and analyze statistics and
+ trends, and otherwise administer and improve the Services for your use. We
+ reserve the right to share this anonymous, passive information in
+ aggregated form.
+
+ 5. 3rd Party Behavioral Ads; Google's AdSense Network.
+
+ 5.1 We reserve the right to use anonymous, passive information
+ about your visits to this and other websites (not including your name,
+ address, email address or telephone number) for purposes of serving our
+ ads and third party ads that are targeted to your interests ("3rd Party
+ Behavioral Ads"). We reserve the right to share anonymous, passive
+ information collected on the services with third parties for purposes of
+ serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not
+ identify you personally. Instead, they associate your behavioral data on
+ visited sites with your browser, so that the ads your computer sees on
+ this site are more likely to be relevant to your interests. 3rd Party
+ Behavioral Ads require that that you be served with a cookie containing
+ a tracking code. You may refuse the use of cookies by selecting the
+ appropriate settings on your browser; however, please note that if you
+ do this you may not be able to use the full functionality of this site.
+
+ 5.2 We reserve the right to participate in Google's AdSense + network for purposes of serving 3rd Party Behavioral Ads. Google uses + DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the + AdSense network. You may opt out of the use of the DART cookie. For + information regarding how to opt out, go to + http://www.google.com/privacy_ads.html. +
+
+ 6. Use of 3rd Party Analytics.
+
+ We reserve the right to use analytics services provided by
+ third parties. These services use 3rd party cookies to collect
+ anonymous, passive information about your use of this site (see
+ explanation of cookies in Collection of Anonymous, Passive Information
+ above). We use this information for the purpose of evaluating your use
+ of the Services, compiling reports on activity, and providing other
+ services. These web analytics services may also transfer this
+ information to third parties where required to do so by law, or where
+ such third parties process the information on the service's behalf.
+
+ 7. Collection of Personal Information; Categories.
+
+ We will ask you for personal information when you sign up for any
+ specific benefit or purpose that requires registration. Personal
+ information that we collect may vary with the each registration, and it
+ may include one or more of the following categories: name, physical
+ address, an email address, phone number, and credit card information
+ including credit card number, expiration date, and billing address,
+ emergency contact information, current medications, allergies, medical
+ insurance information.
+
+ 8. Use And Sharing of Personal Information: General
+ Policy And Exceptions.
+
+ Our general policy is that we will use your personal information,
+ including combining your personal information with passive information
+ collected from this site, only for: the performance of the services or
+ transaction for which it was given, our private, internal reporting for
+ this site, and security assessments for this site, and we will not
+ share, sell, or rent your personal information to others. The only
+ exceptions to this general policy: (i) are described in the subsections
+ below, and (ii) if you explicitly approve through our site.
+
+ 8.1 Affiliates And Service Providers. We reserve the right to + provide such information to our affiliates or subsidiaries, or trusted + service providers for the purpose of hosting our servers or processing + or archiving personal information for us. We require that these parties + agree to privacy and security safeguards for this information that are + consistent with this Privacy Policy. +
++ 8.2 Acquisition; Bankruptcy. In the event that we are acquired by + or merged with a third party entity, we reserve the right to transfer + such information as part of such merger, acquisition, sale, or other + change of control. In the unlikely event of our bankruptcy, insolvency, + reorganization, receivership, or assignment for the benefit of + creditors, or the application of laws or equitable principles affecting + creditors' rights generally, we reserve the right to transfer such + information to protect our rights or as required by law. +
++ 8.3 Enforcement; Legal Process. We reserve the right to transfer + such information if we have a good faith belief that access, use, + preservation or disclosure of such information is reasonably necessary + (i) to satisfy any applicable law, regulation, legal process or + enforceable governmental request, or (ii) to investigate or enforce + violations of our rights or the security of this site. +
++ 8.4 Miscellaneous. We reserve the right to share personal + information with the following additional parties: online organizers + using our tools and resellers of our products and services from whose + site the sale originated (even though the sale originates at site of the + reseller, registration and collection of personal information occurs at + this site). +
+
+ 9. Onward Transfer of Personal Information Outside Your
+ Country of Residence.
+
+ Any personal information which we may collect on this site will
+ be stored and processed in our servers located only in the United
+ States. By using this site, if you reside outside the United States, you
+ consent to the transfer of personal information outside your country of
+ residence to the United States.
+
+ 10. Security of Personal Information.
+
+ We follow reasonable and appropriate industry standards to
+ protect your personal information and data. Unfortunately, no data
+ transmission over the Internet or method of data storage can be
+ guaranteed 100% secure. Therefore, while we strive to protect your
+ personal information by following generally accepted industry standards,
+ we cannot ensure or warrant the absolute security of any information you
+ transmit to us or archive at this site.
+
+ 11. Changing And Updating Personal Information.
+
+ Upon request, we will permit you to request or make changes or
+ updates to your personal information for legitimate purposes. We request
+ identification prior to approving such requests. We reserve the right to
+ decline any requests that are unreasonably repetitive or systematic,
+ require unreasonable time or effort of our technical or administrative
+ personnel, or undermine the privacy rights of others. We reserve the
+ right to permit you to access your personal information in any account
+ you establish with this site for purposes of making your own changes or
+ updates, and in such case, instructions for making such changes or
+ updates will be provided where necessary.
+
+ 12. Email From This Site; Opt-Out Rights.
+
+ If you supply us with your e-mail address you may receive
+ periodic messages from us with information specific to the Services and
+ required for the normal functioning of the Services as well as for new
+ products or services or upcoming events. If you prefer not to receive
+ periodic email messages, you may opt-out by following the instructions
+ on the email.
+
+ 13. Children's Online Policy.
+
+ We are committed to preserving online privacy for all of its
+ website visitors, including children. This site is a general audience
+ site. Consistent with the Children's Online Privacy Protection Act
+ (COPPA), we will not knowingly collect any information from, or sell to,
+ children under the age of 13. If you are a parent or guardian who has
+ discovered that your child under the age of 13 has submitted his or her
+ personally identifiable information without your permission or consent,
+ we will remove the information from our active list, at your request. To
+ request the removal of your child's information, please send contact our
+ site as provided below under “Contact Us”, and be sure to include in
+ your message the same login information that your child submitted.
+
+ 14. Email And Other Messages Through This Site; ECPA
+ Notice.
+
+ This site treats email messages and other electronic messages
+ that are sent through this site and not viewable by others as
+ confidential and private, except as required by law, including without
+ limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C.
+ Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited
+ ability to intercept and/or disclose electronic messages, for example
+ (i) as necessary to operate our system or to protect our rights or
+ property, (ii) upon legal demand (court orders, warrants, subpoenas), or
+ (iii) where we receive information inadvertently which appears to
+ pertain to the commission of a crime. This site is not considered a
+ "secure communications medium" under the ECPA.
+
+ 15. Contact Us.
+
+ If you have any questions regarding this Privacy Policy, please
+ contact the owner and operator of this website business:
+
+ Last updated September 2, 2012 +
++ HabitRPG (or "we") provides services through our + software applications for various devices and platforms ("HabitRPG + 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". +
++ Please read the following terms and conditions ("Terms of + Service") carefully. These Terms of Service govern your access to and + use of the Services and HabitRPG Content (defined below) and set forth + the legally binding terms for your use of the Services and HabitRPG + Content, whether or not you have registered as a Member. +
++ Certain areas of the Services (and your access to or use of + HabitRPG Content) may have different terms and conditions posted or may + require you to agree with and accept additional terms and conditions. If + there is a conflict between these Terms of Service and terms and + conditions posted for a specific area of the Services or HabitRPG + Content, the latter terms and conditions will take precedence with + respect to your use of or access to that area of the Services or HabitRPG + Content. +
++ YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR + "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY + DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE + SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO + BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, + AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE + TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR + HABITRPG CONTENT. +
+
+ Modification
+
+ HabitRPG reserves the right, at its sole discretion, to modify,
+ discontinue or terminate the Services, including any portion thereof on
+ a global or individual basis, or to modify these Terms of Service, at
+ any time and without prior notice. If we modify these Terms of Service,
+ we will update the "Last Updated Date" above and post the modification
+ on the Sites and perhaps elsewhere within the Services. By continuing to
+ access or use the Services after we have posted a modification to these
+ Terms of Service or have provided you with notice of a modification, you
+ are indicating that you agree to be bound by the modified Terms of
+ Service. If the modified Terms of Service are not acceptable to you,
+ your only recourse is to cease using the Services.
+
+ Eligibility and HabitRPG Account Registration
+
+ In order to access certain features of the Sites and Services, and to
+ post any Public User Content (defined below) on the Sites or through the
+ Services, you must register to create an account ("HabitRPG Account") and
+ become a "Member". In compliance with privacy laws, we do not allow
+ people below the age of 14 to create accounts; please see our Privacy
+ Policy for further information. During the registration process, you
+ will be required to provide certain information and you will establish a
+ username and a password. You agree to provide accurate, current and
+ complete information during the registration process and to update such
+ information to keep it accurate, current and complete. HabitRPG reserves
+ the right to suspend or terminate your HabitRPG Account if any
+ information provided during the registration process or thereafter
+ proves to be inaccurate, not current or incomplete. If you are not a
+ Member you may browse all areas of the Sites or use the parts of the
+ Services that are not limited to Members only. You are responsible for
+ safeguarding your password. You agree not to disclose your password to
+ any third party and to take sole responsibility for any activities or
+ actions under your HabitRPG Account, whether or not you have authorized
+ such activities or actions. You agree to immediately notify HabitRPG of
+ any unauthorized use of your HabitRPG Account. We are not liable for any
+ damages or losses caused by someone using your account without your
+ permission.
+
+ Privacy
+
+ See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
+ information and notices concerning HabitRPG's collection and use of your
+ personal information. If you have any questions about the HabitRPG
+ Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
+ accessing the Services you are agreeing to the terms of our Privacy
+ Policy.
+
+ Content
+
+ Certain types of content are made available through the Services.
+ "HabitRPG Content" means, collectively, the text, data, graphics, images,
+ illustrations, forms and look and feel attributes, HabitRPG trademarks
+ and logos and other content made available through the Services,
+ including any technology or code making up the Services, excluding User
+ Content. "Public User Content" means the text, data, graphics, images, photos,
+ video or audiovisual content, hypertext links and any other content uploaded,
+ transmitted or submitted by a Member via the Services with the intent to share
+ with other users. "Private User Content" means data created through the services
+ 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.
+
+ Ownership
+
+ The Services and HabitRPG Content are protected by copyright, trademark,
+ and other laws of the United States and foreign countries. Except as
+ expressly provided in these Terms of Service, HabitRPG and its licensors
+ exclusively own all right, title and interest in and to the Services and
+ HabitRPG Content, including all associated intellectual property rights.
+ You will not remove, alter or obscure any copyright, trademark, service
+ mark or other proprietary rights notices incorporated in or accompanying
+ the Services or HabitRPG Content.
+
+ HabitRPG License
+
+ Subject to your compliance with the terms and conditions of these Terms
+ of Service, HabitRPG grants you a limited, non-exclusive,
+ non-transferable license, without the right to sublicense, to access,
+ use, view, download and print, where applicable, the Services and any
+ HabitRPG Content solely for your personal and non-commercial purposes.
+ You will not use, copy, adapt, modify, prepare derivative works based
+ upon, distribute, license, sell, transfer, publicly display, publicly
+ perform, transmit, stream, broadcast or otherwise exploit the Services
+ or HabitRPG Content, except as expressly permitted in these Terms of
+ Service. No licenses or rights are granted to you by implication or
+ otherwise under any intellectual property rights owned or controlled by
+ HabitRPG or its licensors, except for the licenses and rights expressly
+ granted in these Terms of Service. With respect to HabitRPG Applications,
+ your license is limited to use of such applications on platforms and
+ devices that you own or control, and you may not distribute or make the
+ HabitRPG Applications available over a network where it could be used by
+ multiple devices at the same time.
+
+ Public User Content
+
+ By making available any Public User Content through the Services, you hereby
+ grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
+ transferable, royalty-free license, with the right to sublicense, to
+ use, copy, adapt, modify, distribute, license, sell, transfer, publicly
+ display, publicly perform, transmit, stream, broadcast and otherwise
+ exploit such Public User Content only on, through or by means of the Services.
+ HabitRPG does not claim any ownership rights in any such Public User Content and
+ nothing in these Terms of Service will be deemed to restrict any rights
+ that you may have to use and exploit any such Public User Content.
+
+ You acknowledge and agree that you are solely responsible for all + Public User Content that you make available through the Services. Accordingly, + you represent and warrant that: (i) you either are the sole and + exclusive owner of all Public User Content that you make available through the + Services or you have all rights, licenses, consents and releases that + are necessary to grant to HabitRPG the rights in such Public User Content, as + contemplated under these Terms of Service; and (ii) neither the User + Content nor your posting, uploading, publication, submission or + transmittal of the Public User Content or HabitRPG's use of the Public User Content (or + any portion thereof) on, through or by means of the Services will + infringe, misappropriate or violate a third party's patent, copyright, + trademark, trade secret, moral rights or other intellectual property + rights, or rights of publicity or privacy, or result in the violation of + any applicable law or regulation. +
++ Copyrighted Materials: No Infringing Use. You will not use the + Services to offer, display, distribute, transmit, route, provide + connections to or store any material that infringes copyrighted works or + otherwise violates or promotes the violation of the intellectual + property rights of any third party. HabitRPG has adopted and implemented + a policy that provides for the termination in appropriate circumstances + of the accounts of users who repeatedly infringe or are believed to be + or are charged with repeatedly infringing the rights of copyright + holders. +
+
+ Notify Us of Infringers
+
+ If you believe that something on the Services violates your copyright,
+ notify our copyright agent in writing. The contact information for our
+ copyright agent is at the bottom of this section.
+
+ In order for us to take action, you must do the following in your + notice: +
++ (1) provide your physical or electronic signature; (2) identify + the copyrighted work that you believe is being infringed; (3) identify + the item on the Services that you think is infringing your work and + include sufficient information about where the material is located on + the Services (including which website and URL) so that we can find it; + (4) provide us with a way to contact you, such as your address, + telephone number, or e-mail; (5) provide a statement that you believe in + good faith that the item you have identified as infringing is not + authorized by the copyright owner, its agent, or the law to be used on + the Services; and (6) provide a statement that the information you + provide in your notice is accurate, and that (under penalty of perjury), + you are authorized to act on behalf of the copyright owner whose work is + being infringed. +
++ Here is the contact information for our copyright agent: +
+
+ Copyright Enforcement
+
+ OCDevel
+
+ 98 Morrison Ave #2
+
+ Somerville, MA 02144
+
+ Phone: (805) 975-5236
+
+ E-Mail: tylerrenelle at gmail dot com
+
+ Again, we cannot take action unless you give us all the required + information. +
+
+ Ratings and Comments & Feedback.
+
+ You can rate and make comments about content made available through the
+ Services ("Comments"). HabitRPG advises you to exercise caution and good
+ judgment when leaving such Comments. Once you complete and submit your
+ Comments to the Services you will not be able to go back and edit your
+ Comments. You should also be aware that you could be held legally
+ responsible for damages to someone's reputation if your Comments are
+ deemed to be defamatory. Without limiting any other terms of this Terms
+ of Service, HabitRPG may, but is under no obligation to, monitor or
+ censor Comments and disclaims any and all liability relating thereto.
+ Notwithstanding the foregoing, HabitRPG does reserve the right, in its
+ sole discretion, to remove any Comments that it deems to be improper,
+ inappropriate or inconsistent with the online activities that are
+ permitted under these Terms of Service. We welcome and encourage you to
+ provide feedback, comments and suggestions for improvements to the
+ Services ("Feedback"). You may submit Feedback by emailing us at support
+ AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
+ will be the sole and exclusive property of HabitRPG and you hereby
+ irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
+ all of your right, title, and interest in and to all Comments and
+ Feedback, including without limitation all worldwide patent rights,
+ copyright rights, trade secret rights, and other proprietary or
+ intellectual property rights therein. At HabitRPG's request and expense,
+ you will execute documents and take such further acts as HabitRPG may
+ reasonably request to assist HabitRPG to acquire, perfect, and maintain
+ its intellectual property rights and other legal protections for the
+ Comments and Feedback.
+
+ Interactions between Users
+
+ You are solely responsible for your interactions (including any
+ disputes) with other users. You understand that HabitRPG does not in any
+ way screen HabitRPG users, except to only allow people aged 14 and over
+ to create accounts. You are solely responsible for, and will exercise
+ caution, discretion, common sense and judgment in, using the Services
+ and disclosing personal information to other HabitRPG users. You agree to
+ take reasonable precautions in all interactions with other HabitRPG
+ users, particularly if you decide to meet a HabitRPG user offline, or in
+ person. Your use of the Services, HabitRPG Content and any other content
+ made available through the Services is at your sole risk and discretion
+ and HabitRPG hereby disclaims any and all liability to you or any third
+ party relating thereto. HabitRPG reserves the right to contact Members,
+ in compliance with applicable law, in order to evaluate compliance with
+ the rules and policies in these Terms of Service. You will cooperate
+ fully with HabitRPG to investigate any suspected unlawful, fraudulent or
+ improper activity, including, without limitation, granting authorized
+ HabitRPG representatives access to any password-protected portions of
+ your HabitRPG Account.
+
+ General Prohibitions
+
+ You agree not to do any of the following while using the Services or
+ HabitRPG Content:
+
+
+ HabitRPG will have the right to investigate and prosecute + violations of any of the above, including intellectual property rights + infringement and Services security issues, to the fullest extent of the + law. HabitRPG may involve and cooperate with law enforcement authorities + in prosecuting users who violate these Terms of Service. You acknowledge + that HabitRPG has no obligation to monitor your access to or use of the + Services or HabitRPG Content or to review or edit any Public User Content, but + has the right to do so for the purpose of operating the Services, to + ensure your compliance with these Terms of Service, or to comply with + applicable law or the order or requirement of a court, administrative + agency or other governmental body. HabitRPG reserves the right, at any + time and without prior notice, to remove or disable access to any + HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole + discretion, considers to be in violation of these Terms of Service or + otherwise harmful to the Services. +
+
+ Links
+
+ The Services may contain links to third-party websites or resources. You
+ acknowledge and agree that HabitRPG is not responsible or liable for: (i)
+ the availability or accuracy of such websites or resources; or (ii) the
+ content, products, or services on or available from such websites or
+ resources. Links to such websites or resources do not imply any
+ endorsement by HabitRPG of such websites or resources or the content,
+ products, or services available from such websites or resources. You
+ acknowledge sole responsibility for and assume all risk arising from
+ your use of any such websites or resources.
+
+ Termination and HabitRPG Account; Cancellation
+
+ Without limiting other remedies, HabitRPG may at any time suspend or
+ terminate your HabitRPG Account and refuse to provide access to the
+ Services. In addition, HabitRPG may notify authorities or take any
+ actions it deems appropriate, without notice to you, if HabitRPG suspects
+ or determines, in its own discretion, that you may have or there is a
+ significant risk that you have (i) failed to comply with any provision
+ of these Terms of Service or any policies or rules established by
+ HabitRPG; or (ii) engaged in actions relating to or in the course of
+ using the Services that may be illegal or cause liability, harm,
+ embarrassment, harassment, abuse or disruption for you, HabitRPG Users,
+ HabitRPG or any other third parties or the Services.
+
+ You may terminate your HabitRPG Account at any time and for any + reason by sending email to support AT HabitRPG.com. Upon any termination + by a Member, the related account will no longer be accessible. +
++ After any termination, you understand and acknowledge that we + will have no further obligation to provide the Services and all licenses + and other rights granted to you by these Terms of Service will + immediately cease. HabitRPG will not be liable to you or any third party + for termination of the Services or termination of your use of either. + UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR + INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE + SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE + ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to + maintain any information stored in our database related to your account + or to forward any information to you or any third party. +
++ Any suspension, termination or cancellation will not affect your + obligations to HabitRPG under these Terms of Service (including, without + limitation, proprietary rights and ownership, indemnification and + limitation of liability), which by their sense and context are intended + to survive such suspension, termination or cancellation. +
+
+ Disclaimers
+
+ THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS",
+ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
+ LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
+ NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
+ USAGE OF TRADE.
+
+ HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR + PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN + UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY + REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR + OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, + COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE + SERVICES. +
++ NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM + HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL + CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. +
+
+ Indemnity
+
+ You agree to defend, indemnify, and hold HabitRPG, its officers,
+ directors, employees and agents, harmless from and against any claims,
+ liabilities, damages, losses, and expenses, including, without
+ limitation, reasonable legal and accounting fees, arising out of or in
+ any way connected with Public User Content you submit to HabitRPG, your access
+ to or use of the Services or HabitRPG Content, or your violation of these
+ Terms of Service.
+
+ Limitation of Liability
+
+ YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
+ THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
+ AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER
+ PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
+ HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
+ CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
+ GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
+ COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION
+ WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
+ CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
+ NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
+ NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF
+ A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
+ ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT
+ LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
+ OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
+ ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO
+ ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED
+ ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
+
+ IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR + IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR + INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE + HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE + ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND + YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF + LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE + LIMITATION MAY NOT APPLY TO YOU. +
+
+ Proprietary Rights Notices
+
+ All trademarks, service marks, logos, trade names and any other
+ proprietary designations of HabitRPG used herein are trademarks or
+ registered trademarks of HabitRPG. Any other trademarks, service marks,
+ logos, trade names and any other proprietary designations are the
+ trademarks or registered trademarks of their respective parties.
+
+ Controlling Law and Jurisdiction
+
+ These Terms of Service and any action related thereto will be governed
+ by the laws of the State of California without regard to its conflict of
+ laws provisions. The exclusive jurisdiction and venue of any action with
+ respect to the subject matter of these Terms of Service will be the
+ courts having jurisdiction over disputes arising in Santa Clara County,
+ California, and each of the parties hereto waives any objection to
+ jurisdiction and venue in such courts.
+
+ YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT + WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. + OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED. +
+
+ Export Control
+
+ You may not use or otherwise export or re-export the Services except as
+ authorized by United States law and the laws of the jurisdiction in
+ which the Services were obtained. In particular, but without limitation,
+ the Services may not be exported or re-exported (a) into any U.S.
+ embargoed countries or (b) to anyone on the U.S. Treasury Department's
+ list of Specially Designated Nationals or the U.S. Department of
+ Commerce Denied Person's List or Entity List. By using the Services, you
+ represent and warrant that you are not located in any such country or on
+ any such list. You also agree that you will not use these products for
+ any purposes prohibited by United States law, including, without
+ limitation, the development, design, manufacture or production of
+ nuclear, missiles, or chemical or biological weapons.
+
+ Entire Agreement
+
+ These Terms of Service constitute the entire and exclusive understanding
+ and agreement between HabitRPG and you regarding the Services and HabitRPG
+ Content, and these Terms of Service supersede and replace any and all
+ prior oral or written understandings or agreements between HabitRPG and
+ you regarding the Services and HabitRPG Content.
+
+ Assignment
+
+ You may not assign or transfer these Terms of Service, by operation of
+ law or otherwise, without HabitRPG's prior written consent. Any attempt
+ by you to assign or transfer these Terms of Service, without such
+ consent, will be null and of no effect. HabitRPG may freely assign these
+ Terms of Service. Subject to the foregoing, these Terms of Service will
+ bind and inure to the benefit of the parties, their successors and
+ permitted assigns.
+
+ Notices
+
+ You consent to the use of: (i) electronic means to complete these Terms
+ of Service and to deliver any notices or other communications permitted
+ or required hereunder; and (ii) electronic records to store information
+ related to these Terms of Service or your use of the Services. Any
+ notices or other communications permitted to required hereunder,
+ including those regarding modifications to these Terms of Service, will
+ be in writing and given: (x) by HabitRPG via email (in each case to the
+ address that you provide) or (y) by posting to the Sites or Services.
+ For notices made by e-mail, the date of receipt will be deemed the date
+ on which such notice is transmitted.
+
+ General
+
+ The failure of HabitRPG to enforce any right or provision of these Terms
+ of Service will not constitute a waiver of future enforcement of that
+ right or provision. The waiver of any such right or provision will be
+ effective only if in writing and signed by a duly authorized
+ representative of HabitRPG. Except as expressly set forth in these Terms
+ of Service, the exercise by either party of any of its remedies under
+ these Terms of Service will be without prejudice to its other remedies
+ under these Terms of Service or otherwise. If for any reason a court of
+ competent jurisdiction finds any provision of these Terms of Service
+ invalid or unenforceable, that provision will be enforced to the maximum
+ extent permissible and the other provisions of these Terms of Service
+ will remain in full force and effect.
+
+ Contacting Us
+
+ If you have any questions about these Terms of Service, please contact
+ us at tylerrenelle@gmail.com.
+