From 8a4185815fbb9cbad982b0a1e730cff6c7af6fae Mon Sep 17 00:00:00 2001 From: Tyler Renelle Date: Sun, 2 Sep 2012 22:46:11 -0400 Subject: [PATCH] move terms & privacy to staticPages Conflicts: lib/server/index.js src/server/index.coffee views/app/index.html --- lib/app/index.js | 5 +- lib/server/index.js | 16 + public/privacy.html | 339 --------------------- public/terms.html | 629 --------------------------------------- src/app/index.coffee | 4 +- src/server/index.coffee | 12 +- views/app/index.html | 8 +- views/privacy.html | 337 +++++++++++++++++++++ views/terms.html | 636 ++++++++++++++++++++++++++++++++++++++++ 9 files changed, 1014 insertions(+), 972 deletions(-) delete mode 100644 public/privacy.html delete mode 100644 public/terms.html create mode 100644 views/privacy.html create mode 100644 views/terms.html diff --git a/lib/app/index.js b/lib/app/index.js index 910e07f770..77e11b355c 100644 --- a/lib/app/index.js +++ b/lib/app/index.js @@ -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; diff --git a/lib/server/index.js b/lib/server/index.js index 3c4ef075f2..c98af5875c 100644 --- a/lib/server/index.js +++ b/lib/server/index.js @@ -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; }); diff --git a/public/privacy.html b/public/privacy.html deleted file mode 100644 index 18d5ed3ce5..0000000000 --- a/public/privacy.html +++ /dev/null @@ -1,339 +0,0 @@ - -
-
-

Privacy Policy

-
-

Last updated September 02, 2012

-

-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: -

-OCDevel -
-98 Morrison Ave #2 -
-Somerville, MA 02144 -
-Email: -tylerrenelle@gmail.com -
-Telephone: 1-805-975-5236 -
-

- - -
- diff --git a/public/terms.html b/public/terms.html deleted file mode 100644 index 1b3d79bdfa..0000000000 --- a/public/terms.html +++ /dev/null @@ -1,629 +0,0 @@ - -
-
-

Terms Of Use

-
-

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. -

- - -
- diff --git a/src/app/index.coffee b/src/app/index.coffee index 6f4785bb58..0a48cd0382 100644 --- a/src/app/index.coffee +++ b/src/app/index.coffee @@ -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' diff --git a/src/server/index.coffee b/src/server/index.coffee index 2eacad2501..fadd3e6e5a 100644 --- a/src/server/index.coffee +++ b/src/server/index.coffee @@ -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}" \ No newline at end of file diff --git a/views/app/index.html b/views/app/index.html index fd43894b43..9e518b51f3 100644 --- a/views/app/index.html +++ b/views/app/index.html @@ -152,7 +152,13 @@ - Copyright © 2012 Tyler Renelle    + Copyright © 2012 Tyler Renelle     + + + + About     + Privacy     + Terms     {#unless _mobileDevice} diff --git a/views/privacy.html b/views/privacy.html new file mode 100644 index 0000000000..5251ff01dd --- /dev/null +++ b/views/privacy.html @@ -0,0 +1,337 @@ + + Privacy Policy + + +
+ « Back +
+

Privacy Policy

+
+

+ Last updated September 02, 2012 +

+

+ 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: +

+
+ OCDevel +
+ 98 Morrison Ave #2 +
+ Somerville, MA 02144 +
+ Email: + tylerrenelle@gmail.com +
+ Telephone: 1-805-975-5236 +
+

+ + +
diff --git a/views/terms.html b/views/terms.html new file mode 100644 index 0000000000..0c42305017 --- /dev/null +++ b/views/terms.html @@ -0,0 +1,636 @@ + + Terms Of Use + + +
+ « Back +
+

Terms Of Use

+
+

+ 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: +
+

+
    +
  • + 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). +
    • +
  • + 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; +
    • +
  • + Access, tamper with, or use non-public areas of the Services, + HabitRPG's computer systems, or the technical delivery systems of + HabitRPG's providers; +
    • +
  • + Attempt to probe, scan, or test the vulnerability of any + HabitRPG system or network or breach any security or authentication + measures; +
    • +
  • + 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; +
    • +
  • + 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); +
    • +
  • + Send any unsolicited or unauthorized advertising, promotional + materials, email, junk mail, spam, chain letters or other form of + solicitation; +
    • +
  • + 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; +
    • +
  • + 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; +
    • +
  • + 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; +
    • +
  • + Attempt to decipher, decompile, disassemble or reverse + engineer any of the software used to provide the Services or HabitRPG + Content; +
    • +
  • + 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; +
    • +
  • + Collect or store any personally identifiable information from + the Services from other users of the Services without their express + permission; +
    • +
  • + Impersonate or misrepresent your affiliation with any person + or entity; Violate any applicable law or regulation; or +
    • +
  • + Encourage or enable any other individual to do any of the + foregoing. +
    • +
+

+ 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. +

+ + +