diff --git a/views/terms.html b/views/terms.html index 5f5eb3bc6e..a83d98885d 100644 --- a/views/terms.html +++ b/views/terms.html @@ -1,221 +1,221 @@ - Terms Of Use + Terms of Use
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Terms Of Use

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Terms of Use

Last updated September 2, 2012

- HabitRPG (or "we") provides services through our - software applications for various devices and platforms ("HabitRPG + HabitRPG (or "we") provides services through our + software applications for various devices and platforms ("HabitRPG Applications") and the HabitRPG.com domain, and any sub domains thereto - (the "Sites"). Individually or collectively, HabitRPG Applications and + (the "Sites"). Individually or collectively, HabitRPG Applications and Sites may be referred to as the "Services".

- Please read the following terms and conditions ("Terms of - Service") carefully. These Terms of Service govern your access to and - use of the Services and HabitRPG Content (defined below) and set forth - the legally binding terms for your use of the Services and HabitRPG + Please read the following terms and conditions ("Terms of + Service") carefully. These Terms of Service govern your access to and + use of the Services and HabitRPG Content (defined below) and set forth + the legally binding terms for your use of the Services and HabitRPG Content, whether or not you have registered as a Member.

- Certain areas of the Services (and your access to or use of - HabitRPG Content) may have different terms and conditions posted or may - require you to agree with and accept additional terms and conditions. If - there is a conflict between these Terms of Service and terms and - conditions posted for a specific area of the Services or HabitRPG - Content, the latter terms and conditions will take precedence with - respect to your use of or access to that area of the Services or HabitRPG + Certain areas of the Services (and your access to or use of + HabitRPG Content) may have different terms and conditions posted or may + require you to agree with and accept additional terms and conditions. If + there is a conflict between these Terms of Service and terms and + conditions posted for a specific area of the Services or HabitRPG + Content, the latter terms and conditions will take precedence with + respect to your use of or access to that area of the Services or HabitRPG Content.

- YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR - "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY - DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE - SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO - BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, - AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE - TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR + YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR + "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY + DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE + SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO + BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER, + AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE + TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR HABITRPG CONTENT.

Modification
- HabitRPG reserves the right, at its sole discretion, to modify, - discontinue or terminate the Services, including any portion thereof on - a global or individual basis, or to modify these Terms of Service, at - any time and without prior notice. If we modify these Terms of Service, - we will update the "Last Updated Date" above and post the modification - on the Sites and perhaps elsewhere within the Services. By continuing to - access or use the Services after we have posted a modification to these - Terms of Service or have provided you with notice of a modification, you - are indicating that you agree to be bound by the modified Terms of - Service. If the modified Terms of Service are not acceptable to you, + HabitRPG reserves the right, at its sole discretion, to modify, + discontinue or terminate the Services, including any portion thereof on + a global or individual basis, or to modify these Terms of Service, at + any time and without prior notice. If we modify these Terms of Service, + we will update the "Last Updated Date" above and post the modification + on the Sites and perhaps elsewhere within the Services. By continuing to + access or use the Services after we have posted a modification to these + Terms of Service or have provided you with notice of a modification, you + are indicating that you agree to be bound by the modified Terms of + Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

Eligibility and HabitRPG Account Registration
- In order to access certain features of the Sites and Services, and to - post any Public User Content (defined below) on the Sites or through the - Services, you must register to create an account ("HabitRPG Account") and - become a "Member". In compliance with privacy laws, we do not allow - people below the age of 14 to create accounts; please see our Privacy - Policy for further information. During the registration process, you - will be required to provide certain information and you will establish a - username and a password. You agree to provide accurate, current and - complete information during the registration process and to update such - information to keep it accurate, current and complete. HabitRPG reserves - the right to suspend or terminate your HabitRPG Account if any - information provided during the registration process or thereafter - proves to be inaccurate, not current or incomplete. If you are not a - Member you may browse all areas of the Sites or use the parts of the - Services that are not limited to Members only. You are responsible for - safeguarding your password. You agree not to disclose your password to - any third party and to take sole responsibility for any activities or - actions under your HabitRPG Account, whether or not you have authorized - such activities or actions. You agree to immediately notify HabitRPG of - any unauthorized use of your HabitRPG Account. We are not liable for any - damages or losses caused by someone using your account without your + In order to access certain features of the Sites and Services, and to + post any Public User Content (defined below) on the Sites or through the + Services, you must register to create an account ("HabitRPG Account") and + become a "Member". In compliance with privacy laws, we do not allow + people below the age of 14 to create accounts; please see our Privacy + Policy for further information. During the registration process, you + will be required to provide certain information and you will establish a + username and a password. You agree to provide accurate, current and + complete information during the registration process and to update such + information to keep it accurate, current and complete. HabitRPG reserves + the right to suspend or terminate your HabitRPG Account if any + information provided during the registration process or thereafter + proves to be inaccurate, not current or incomplete. If you are not a + Member you may browse all areas of the Sites or use the parts of the + Services that are not limited to Members only. You are responsible for + safeguarding your password. You agree not to disclose your password to + any third party and to take sole responsibility for any activities or + actions under your HabitRPG Account, whether or not you have authorized + such activities or actions. You agree to immediately notify HabitRPG of + any unauthorized use of your HabitRPG Account. We are not liable for any + damages or losses caused by someone using your account without your permission.

Privacy
- See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for - information and notices concerning HabitRPG's collection and use of your - personal information. If you have any questions about the HabitRPG - Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By - accessing the Services you are agreeing to the terms of our Privacy + See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for + information and notices concerning HabitRPG's collection and use of your + personal information. If you have any questions about the HabitRPG + Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By + accessing the Services you are agreeing to the terms of our Privacy Policy.

Content
- Certain types of content are made available through the Services. - "HabitRPG Content" means, collectively, the text, data, graphics, images, - illustrations, forms and look and feel attributes, HabitRPG trademarks - and logos and other content made available through the Services, - including any technology or code making up the Services, excluding User - Content. "Public User Content" means the text, data, graphics, images, photos, - video or audiovisual content, hypertext links and any other content uploaded, - transmitted or submitted by a Member via the Services with the intent to share - with other users. "Private User Content" means data created through the services + Certain types of content are made available through the Services. + "HabitRPG Content" means, collectively, the text, data, graphics, images, + illustrations, forms and look and feel attributes, HabitRPG trademarks + and logos and other content made available through the Services, + including any technology or code making up the Services, excluding User + Content. "Public User Content" means the text, data, graphics, images, photos, + video or audiovisual content, hypertext links and any other content uploaded, + transmitted or submitted by a Member via the Services with the intent to share + with other users. "Private User Content" means data created through the services exclusively for personal use or private sharing. - This includes tasks and related data created in HabitRPG Tasks that have not + This includes tasks and related data created in HabitRPG Tasks that have not been explicitly shared publicly. - You understand that by using any of the Services, you may encounter content - that may be deemed offensive, indecent, or objectionable, which content - may or may not be identified as having explicit language, and that the - results of any search or entering of a particular URL may automatically - and unintentionally generate links or references to objectionable - material. Nevertheless, you agree to use the Services at your sole risk - and that we shall not have any liability to you for content that may be + You understand that by using any of the Services, you may encounter content + that may be deemed offensive, indecent, or objectionable, which content + may or may not be identified as having explicit language, and that the + results of any search or entering of a particular URL may automatically + and unintentionally generate links or references to objectionable + material. Nevertheless, you agree to use the Services at your sole risk + and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Ownership
- The Services and HabitRPG Content are protected by copyright, trademark, - and other laws of the United States and foreign countries. Except as - expressly provided in these Terms of Service, HabitRPG and its licensors - exclusively own all right, title and interest in and to the Services and - HabitRPG Content, including all associated intellectual property rights. - You will not remove, alter or obscure any copyright, trademark, service - mark or other proprietary rights notices incorporated in or accompanying + The Services and HabitRPG Content are protected by copyright, trademark, + and other laws of the United States and foreign countries. Except as + expressly provided in these Terms of Service, HabitRPG and its licensors + exclusively own all right, title and interest in and to the Services and + HabitRPG Content, including all associated intellectual property rights. + You will not remove, alter or obscure any copyright, trademark, service + mark or other proprietary rights notices incorporated in or accompanying the Services or HabitRPG Content.

HabitRPG License
- Subject to your compliance with the terms and conditions of these Terms - of Service, HabitRPG grants you a limited, non-exclusive, - non-transferable license, without the right to sublicense, to access, - use, view, download and print, where applicable, the Services and any - HabitRPG Content solely for your personal and non-commercial purposes. - You will not use, copy, adapt, modify, prepare derivative works based - upon, distribute, license, sell, transfer, publicly display, publicly - perform, transmit, stream, broadcast or otherwise exploit the Services - or HabitRPG Content, except as expressly permitted in these Terms of - Service. No licenses or rights are granted to you by implication or - otherwise under any intellectual property rights owned or controlled by - HabitRPG or its licensors, except for the licenses and rights expressly - granted in these Terms of Service. With respect to HabitRPG Applications, - your license is limited to use of such applications on platforms and - devices that you own or control, and you may not distribute or make the - HabitRPG Applications available over a network where it could be used by + Subject to your compliance with the terms and conditions of these Terms + of Service, HabitRPG grants you a limited, non-exclusive, + non-transferable license, without the right to sublicense, to access, + use, view, download and print, where applicable, the Services and any + HabitRPG Content solely for your personal and non-commercial purposes. + You will not use, copy, adapt, modify, prepare derivative works based + upon, distribute, license, sell, transfer, publicly display, publicly + perform, transmit, stream, broadcast or otherwise exploit the Services + or HabitRPG Content, except as expressly permitted in these Terms of + Service. No licenses or rights are granted to you by implication or + otherwise under any intellectual property rights owned or controlled by + HabitRPG or its licensors, except for the licenses and rights expressly + granted in these Terms of Service. With respect to HabitRPG Applications, + your license is limited to use of such applications on platforms and + devices that you own or control, and you may not distribute or make the + HabitRPG Applications available over a network where it could be used by multiple devices at the same time.

Public User Content
- By making available any Public User Content through the Services, you hereby - grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive, - transferable, royalty-free license, with the right to sublicense, to - use, copy, adapt, modify, distribute, license, sell, transfer, publicly - display, publicly perform, transmit, stream, broadcast and otherwise - exploit such Public User Content only on, through or by means of the Services. - HabitRPG does not claim any ownership rights in any such Public User Content and - nothing in these Terms of Service will be deemed to restrict any rights + By making available any Public User Content through the Services, you hereby + grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive, + transferable, royalty-free license, with the right to sublicense, to + use, copy, adapt, modify, distribute, license, sell, transfer, publicly + display, publicly perform, transmit, stream, broadcast and otherwise + exploit such Public User Content only on, through or by means of the Services. + HabitRPG does not claim any ownership rights in any such Public User Content and + nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Public User Content.

- You acknowledge and agree that you are solely responsible for all - Public User Content that you make available through the Services. Accordingly, - you represent and warrant that: (i) you either are the sole and - exclusive owner of all Public User Content that you make available through the - Services or you have all rights, licenses, consents and releases that - are necessary to grant to HabitRPG the rights in such Public User Content, as - contemplated under these Terms of Service; and (ii) neither the User - Content nor your posting, uploading, publication, submission or - transmittal of the Public User Content or HabitRPG's use of the Public User Content (or - any portion thereof) on, through or by means of the Services will - infringe, misappropriate or violate a third party's patent, copyright, - trademark, trade secret, moral rights or other intellectual property - rights, or rights of publicity or privacy, or result in the violation of + You acknowledge and agree that you are solely responsible for all + Public User Content that you make available through the Services. Accordingly, + you represent and warrant that: (i) you either are the sole and + exclusive owner of all Public User Content that you make available through the + Services or you have all rights, licenses, consents and releases that + are necessary to grant to HabitRPG the rights in such Public User Content, as + contemplated under these Terms of Service; and (ii) neither the User + Content nor your posting, uploading, publication, submission or + transmittal of the Public User Content or HabitRPG's use of the Public User Content (or + any portion thereof) on, through or by means of the Services will + infringe, misappropriate or violate a third party's patent, copyright, + trademark, trade secret, moral rights or other intellectual property + rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

- Copyrighted Materials: No Infringing Use. You will not use the - Services to offer, display, distribute, transmit, route, provide - connections to or store any material that infringes copyrighted works or - otherwise violates or promotes the violation of the intellectual - property rights of any third party. HabitRPG has adopted and implemented - a policy that provides for the termination in appropriate circumstances - of the accounts of users who repeatedly infringe or are believed to be - or are charged with repeatedly infringing the rights of copyright + Copyrighted Materials: No Infringing Use. You will not use the + Services to offer, display, distribute, transmit, route, provide + connections to or store any material that infringes copyrighted works or + otherwise violates or promotes the violation of the intellectual + property rights of any third party. HabitRPG has adopted and implemented + a policy that provides for the termination in appropriate circumstances + of the accounts of users who repeatedly infringe or are believed to be + or are charged with repeatedly infringing the rights of copyright holders.

Notify Us of Infringers
- If you believe that something on the Services violates your copyright, - notify our copyright agent in writing. The contact information for our + If you believe that something on the Services violates your copyright, + notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

- In order for us to take action, you must do the following in your + In order for us to take action, you must do the following in your notice:

- (1) provide your physical or electronic signature; (2) identify - the copyrighted work that you believe is being infringed; (3) identify - the item on the Services that you think is infringing your work and - include sufficient information about where the material is located on - the Services (including which website and URL) so that we can find it; - (4) provide us with a way to contact you, such as your address, - telephone number, or e-mail; (5) provide a statement that you believe in - good faith that the item you have identified as infringing is not - authorized by the copyright owner, its agent, or the law to be used on - the Services; and (6) provide a statement that the information you - provide in your notice is accurate, and that (under penalty of perjury), - you are authorized to act on behalf of the copyright owner whose work is + (1) provide your physical or electronic signature; (2) identify + the copyrighted work that you believe is being infringed; (3) identify + the item on the Services that you think is infringing your work and + include sufficient information about where the material is located on + the Services (including which website and URL) so that we can find it; + (4) provide us with a way to contact you, such as your address, + telephone number, or e-mail; (5) provide a statement that you believe in + good faith that the item you have identified as infringing is not + authorized by the copyright owner, its agent, or the law to be used on + the Services; and (6) provide a statement that the information you + provide in your notice is accurate, and that (under penalty of perjury), + you are authorized to act on behalf of the copyright owner whose work is being infringed.

@@ -235,398 +235,398 @@ E-Mail: tylerrenelle at gmail dot com

- Again, we cannot take action unless you give us all the required + Again, we cannot take action unless you give us all the required information.

Ratings and Comments & Feedback.
- You can rate and make comments about content made available through the - Services ("Comments"). HabitRPG advises you to exercise caution and good - judgment when leaving such Comments. Once you complete and submit your - Comments to the Services you will not be able to go back and edit your - Comments. You should also be aware that you could be held legally - responsible for damages to someone's reputation if your Comments are - deemed to be defamatory. Without limiting any other terms of this Terms - of Service, HabitRPG may, but is under no obligation to, monitor or - censor Comments and disclaims any and all liability relating thereto. - Notwithstanding the foregoing, HabitRPG does reserve the right, in its - sole discretion, to remove any Comments that it deems to be improper, - inappropriate or inconsistent with the online activities that are - permitted under these Terms of Service. We welcome and encourage you to - provide feedback, comments and suggestions for improvements to the - Services ("Feedback"). You may submit Feedback by emailing us at support - AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback - will be the sole and exclusive property of HabitRPG and you hereby - irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG - all of your right, title, and interest in and to all Comments and - Feedback, including without limitation all worldwide patent rights, - copyright rights, trade secret rights, and other proprietary or - intellectual property rights therein. At HabitRPG's request and expense, - you will execute documents and take such further acts as HabitRPG may - reasonably request to assist HabitRPG to acquire, perfect, and maintain - its intellectual property rights and other legal protections for the + You can rate and make comments about content made available through the + Services ("Comments"). HabitRPG advises you to exercise caution and good + judgment when leaving such Comments. Once you complete and submit your + Comments to the Services you will not be able to go back and edit your + Comments. You should also be aware that you could be held legally + responsible for damages to someone's reputation if your Comments are + deemed to be defamatory. Without limiting any other terms of this Terms + of Service, HabitRPG may, but is under no obligation to, monitor or + censor Comments and disclaims any and all liability relating thereto. + Notwithstanding the foregoing, HabitRPG does reserve the right, in its + sole discretion, to remove any Comments that it deems to be improper, + inappropriate or inconsistent with the online activities that are + permitted under these Terms of Service. We welcome and encourage you to + provide feedback, comments and suggestions for improvements to the + Services ("Feedback"). You may submit Feedback by emailing us at support + AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback + will be the sole and exclusive property of HabitRPG and you hereby + irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG + all of your right, title, and interest in and to all Comments and + Feedback, including without limitation all worldwide patent rights, + copyright rights, trade secret rights, and other proprietary or + intellectual property rights therein. At HabitRPG's request and expense, + you will execute documents and take such further acts as HabitRPG may + reasonably request to assist HabitRPG to acquire, perfect, and maintain + its intellectual property rights and other legal protections for the Comments and Feedback.

Interactions between Users
- You are solely responsible for your interactions (including any - disputes) with other users. You understand that HabitRPG does not in any - way screen HabitRPG users, except to only allow people aged 14 and over - to create accounts. You are solely responsible for, and will exercise - caution, discretion, common sense and judgment in, using the Services - and disclosing personal information to other HabitRPG users. You agree to - take reasonable precautions in all interactions with other HabitRPG - users, particularly if you decide to meet a HabitRPG user offline, or in - person. Your use of the Services, HabitRPG Content and any other content - made available through the Services is at your sole risk and discretion - and HabitRPG hereby disclaims any and all liability to you or any third - party relating thereto. HabitRPG reserves the right to contact Members, - in compliance with applicable law, in order to evaluate compliance with - the rules and policies in these Terms of Service. You will cooperate - fully with HabitRPG to investigate any suspected unlawful, fraudulent or - improper activity, including, without limitation, granting authorized - HabitRPG representatives access to any password-protected portions of + You are solely responsible for your interactions (including any + disputes) with other users. You understand that HabitRPG does not in any + way screen HabitRPG users, except to only allow people aged 14 and over + to create accounts. You are solely responsible for, and will exercise + caution, discretion, common sense and judgment in, using the Services + and disclosing personal information to other HabitRPG users. You agree to + take reasonable precautions in all interactions with other HabitRPG + users, particularly if you decide to meet a HabitRPG user offline, or in + person. Your use of the Services, HabitRPG Content and any other content + made available through the Services is at your sole risk and discretion + and HabitRPG hereby disclaims any and all liability to you or any third + party relating thereto. HabitRPG reserves the right to contact Members, + in compliance with applicable law, in order to evaluate compliance with + the rules and policies in these Terms of Service. You will cooperate + fully with HabitRPG to investigate any suspected unlawful, fraudulent or + improper activity, including, without limitation, granting authorized + HabitRPG representatives access to any password-protected portions of your HabitRPG Account.

General Prohibitions
- You agree not to do any of the following while using the Services or + You agree not to do any of the following while using the Services or HabitRPG Content:

  • - 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + 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 + HabitRPG will have the right to investigate and prosecute + violations of any of the above, including intellectual property rights + infringement and Services security issues, to the fullest extent of the + law. HabitRPG may involve and cooperate with law enforcement authorities + in prosecuting users who violate these Terms of Service. You acknowledge + that HabitRPG has no obligation to monitor your access to or use of the + Services or HabitRPG Content or to review or edit any Public User Content, but + has the right to do so for the purpose of operating the Services, to + ensure your compliance with these Terms of Service, or to comply with + applicable law or the order or requirement of a court, administrative + agency or other governmental body. HabitRPG reserves the right, at any + time and without prior notice, to remove or disable access to any + HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole + discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.

Links
- The Services may contain links to third-party websites or resources. You - acknowledge and agree that HabitRPG is not responsible or liable for: (i) - the availability or accuracy of such websites or resources; or (ii) the - content, products, or services on or available from such websites or - resources. Links to such websites or resources do not imply any - endorsement by HabitRPG of such websites or resources or the content, - products, or services available from such websites or resources. You - acknowledge sole responsibility for and assume all risk arising from - your use of any such websites or resources. + The Services may contain links to third-party websites or resources. You + acknowledge and agree that HabitRPG is not responsible or liable for: (i) + the availability or accuracy of such websites or resources; or (ii) the + content, products, or services on or available from such websites or + resources. Links to such websites or resources do not imply any + endorsement by HabitRPG of such websites or resources or the content, + products, or services available from such websites or resources. You + acknowledge sole responsibility for and assume all risk arising from + your use of any such websites or resources.

Termination and HabitRPG Account; Cancellation
- Without limiting other remedies, HabitRPG may at any time suspend or - terminate your HabitRPG Account and refuse to provide access to the - Services. In addition, HabitRPG may notify authorities or take any - actions it deems appropriate, without notice to you, if HabitRPG suspects - or determines, in its own discretion, that you may have or there is a - significant risk that you have (i) failed to comply with any provision - of these Terms of Service or any policies or rules established by - HabitRPG; or (ii) engaged in actions relating to or in the course of - using the Services that may be illegal or cause liability, harm, - embarrassment, harassment, abuse or disruption for you, HabitRPG Users, + Without limiting other remedies, HabitRPG may at any time suspend or + terminate your HabitRPG Account and refuse to provide access to the + Services. In addition, HabitRPG may notify authorities or take any + actions it deems appropriate, without notice to you, if HabitRPG suspects + or determines, in its own discretion, that you may have or there is a + significant risk that you have (i) failed to comply with any provision + of these Terms of Service or any policies or rules established by + HabitRPG; or (ii) engaged in actions relating to or in the course of + using the Services that may be illegal or cause liability, harm, + embarrassment, harassment, abuse or disruption for you, HabitRPG Users, HabitRPG or any other third parties or the Services.

- You may terminate your HabitRPG Account at any time and for any - reason by sending email to support AT HabitRPG.com. Upon any termination + You may terminate your HabitRPG Account at any time and for any + reason by sending email to support AT HabitRPG.com. Upon any termination by a Member, the related account will no longer be accessible.

- After any termination, you understand and acknowledge that we - will have no further obligation to provide the Services and all licenses - and other rights granted to you by these Terms of Service will - immediately cease. HabitRPG will not be liable to you or any third party - for termination of the Services or termination of your use of either. - UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR - INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE - SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE - ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to - maintain any information stored in our database related to your account - or to forward any information to you or any third party. + After any termination, you understand and acknowledge that we + will have no further obligation to provide the Services and all licenses + and other rights granted to you by these Terms of Service will + immediately cease. HabitRPG will not be liable to you or any third party + for termination of the Services or termination of your use of either. + UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR + INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE + SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE + ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to + maintain any information stored in our database related to your account + or to forward any information to you or any third party.

- Any suspension, termination or cancellation will not affect your - obligations to HabitRPG under these Terms of Service (including, without - limitation, proprietary rights and ownership, indemnification and - limitation of liability), which by their sense and context are intended + Any suspension, termination or cancellation will not affect your + obligations to HabitRPG under these Terms of Service (including, without + limitation, proprietary rights and ownership, indemnification and + limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimers
- THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS", - WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT - LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR - NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR + THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS", + WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT + LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR + NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

- HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR - PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN - UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY - REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR - OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, - COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE + HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR + PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN + UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY + REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR + OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, + COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM - HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL + NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM + HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity
- You agree to defend, indemnify, and hold HabitRPG, its officers, - directors, employees and agents, harmless from and against any claims, - liabilities, damages, losses, and expenses, including, without - limitation, reasonable legal and accounting fees, arising out of or in - any way connected with Public User Content you submit to HabitRPG, your access - to or use of the Services or HabitRPG Content, or your violation of these + You agree to defend, indemnify, and hold HabitRPG, its officers, + directors, employees and agents, harmless from and against any claims, + liabilities, damages, losses, and expenses, including, without + limitation, reasonable legal and accounting fees, arising out of or in + any way connected with Public User Content you submit to HabitRPG, your access + to or use of the Services or HabitRPG Content, or your violation of these Terms of Service.

Limitation of Liability
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, - THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES - AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER - PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR - HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR - CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF - GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE - COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION - WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR - CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING - NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR - NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF - A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS - ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT - LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS - OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS - ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO - ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED + YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, + THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES + AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER + PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR + HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR + CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF + GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE + COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION + WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR + CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING + NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR + NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF + A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS + ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT + LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS + OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS + ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO + ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.

- IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR - IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR - INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE - HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE - ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND - YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF - LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE + IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR + IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR + INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE + HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE + ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND + YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF + LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices
- All trademarks, service marks, logos, trade names and any other - proprietary designations of HabitRPG used herein are trademarks or - registered trademarks of HabitRPG. Any other trademarks, service marks, - logos, trade names and any other proprietary designations are the + All trademarks, service marks, logos, trade names and any other + proprietary designations of HabitRPG used herein are trademarks or + registered trademarks of HabitRPG. Any other trademarks, service marks, + logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction
- These Terms of Service and any action related thereto will be governed - by the laws of the State of California without regard to its conflict of - laws provisions. The exclusive jurisdiction and venue of any action with - respect to the subject matter of these Terms of Service will be the - courts having jurisdiction over disputes arising in Santa Clara County, - California, and each of the parties hereto waives any objection to + These Terms of Service and any action related thereto will be governed + by the laws of the State of California without regard to its conflict of + laws provisions. The exclusive jurisdiction and venue of any action with + respect to the subject matter of these Terms of Service will be the + courts having jurisdiction over disputes arising in Santa Clara County, + California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

- YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT - WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. + YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT + WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Export Control
- You may not use or otherwise export or re-export the Services except as - authorized by United States law and the laws of the jurisdiction in - which the Services were obtained. In particular, but without limitation, - the Services may not be exported or re-exported (a) into any U.S. - embargoed countries or (b) to anyone on the U.S. Treasury Department's - list of Specially Designated Nationals or the U.S. Department of - Commerce Denied Person's List or Entity List. By using the Services, you - represent and warrant that you are not located in any such country or on - any such list. You also agree that you will not use these products for - any purposes prohibited by United States law, including, without - limitation, the development, design, manufacture or production of + You may not use or otherwise export or re-export the Services except as + authorized by United States law and the laws of the jurisdiction in + which the Services were obtained. In particular, but without limitation, + the Services may not be exported or re-exported (a) into any U.S. + embargoed countries or (b) to anyone on the U.S. Treasury Department's + list of Specially Designated Nationals or the U.S. Department of + Commerce Denied Person's List or Entity List. By using the Services, you + represent and warrant that you are not located in any such country or on + any such list. You also agree that you will not use these products for + any purposes prohibited by United States law, including, without + limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Entire Agreement
- These Terms of Service constitute the entire and exclusive understanding - and agreement between HabitRPG and you regarding the Services and HabitRPG - Content, and these Terms of Service supersede and replace any and all - prior oral or written understandings or agreements between HabitRPG and + These Terms of Service constitute the entire and exclusive understanding + and agreement between HabitRPG and you regarding the Services and HabitRPG + Content, and these Terms of Service supersede and replace any and all + prior oral or written understandings or agreements between HabitRPG and you regarding the Services and HabitRPG Content.

Assignment
- You may not assign or transfer these Terms of Service, by operation of - law or otherwise, without HabitRPG's prior written consent. Any attempt - by you to assign or transfer these Terms of Service, without such - consent, will be null and of no effect. HabitRPG may freely assign these - Terms of Service. Subject to the foregoing, these Terms of Service will - bind and inure to the benefit of the parties, their successors and + You may not assign or transfer these Terms of Service, by operation of + law or otherwise, without HabitRPG's prior written consent. Any attempt + by you to assign or transfer these Terms of Service, without such + consent, will be null and of no effect. HabitRPG may freely assign these + Terms of Service. Subject to the foregoing, these Terms of Service will + bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
- You consent to the use of: (i) electronic means to complete these Terms - of Service and to deliver any notices or other communications permitted - or required hereunder; and (ii) electronic records to store information - related to these Terms of Service or your use of the Services. Any - notices or other communications permitted to required hereunder, - including those regarding modifications to these Terms of Service, will - be in writing and given: (x) by HabitRPG via email (in each case to the - address that you provide) or (y) by posting to the Sites or Services. - For notices made by e-mail, the date of receipt will be deemed the date + You consent to the use of: (i) electronic means to complete these Terms + of Service and to deliver any notices or other communications permitted + or required hereunder; and (ii) electronic records to store information + related to these Terms of Service or your use of the Services. Any + notices or other communications permitted to required hereunder, + including those regarding modifications to these Terms of Service, will + be in writing and given: (x) by HabitRPG via email (in each case to the + address that you provide) or (y) by posting to the Sites or Services. + For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
- The failure of HabitRPG to enforce any right or provision of these Terms - of Service will not constitute a waiver of future enforcement of that - right or provision. The waiver of any such right or provision will be - effective only if in writing and signed by a duly authorized - representative of HabitRPG. Except as expressly set forth in these Terms - of Service, the exercise by either party of any of its remedies under - these Terms of Service will be without prejudice to its other remedies - under these Terms of Service or otherwise. If for any reason a court of - competent jurisdiction finds any provision of these Terms of Service - invalid or unenforceable, that provision will be enforced to the maximum - extent permissible and the other provisions of these Terms of Service + The failure of HabitRPG to enforce any right or provision of these Terms + of Service will not constitute a waiver of future enforcement of that + right or provision. The waiver of any such right or provision will be + effective only if in writing and signed by a duly authorized + representative of HabitRPG. Except as expressly set forth in these Terms + of Service, the exercise by either party of any of its remedies under + these Terms of Service will be without prejudice to its other remedies + under these Terms of Service or otherwise. If for any reason a court of + competent jurisdiction finds any provision of these Terms of Service + invalid or unenforceable, that provision will be enforced to the maximum + extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting Us
- If you have any questions about these Terms of Service, please contact + If you have any questions about these Terms of Service, please contact us at tylerrenelle@gmail.com.