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fix(translations): remove translations for privacy & terms

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323
views/static/privacy.jade
View file

@ -4,77 +4,296 @@ block vars
- var layoutEnv = env
block title
title=env.t('titlePrivacy')
title HabitRPG | Privacy
block content
#wrap
//app:header:header
.container
.page-header
h1=env.t('privacy')
p.pagemeta=env.t('privLastUp')
h1 Privacy Policy
p.pagemeta
| Last updated September 02, 2012
p
strong=env.t('pleaseRead')
p=env.t('privFirstPar')
p=env.t('privSecPar')
strong PLEASE READ THIS PRIVACY POLICY CAREFULLY.
br
| By accessing or otherwise using habitrpg.com or any sub domains thereto ("the Sites"),
| or using a habitrpg.com or HabitRPG application on a mobile device ("the Applications"),
| you agree to be bound contractually by this Privacy Policy. Individually
| or collectively, the Applications and the Sites may be referred to as
| the "Services."
p
strong=env.t('privSub1Title')
p=env.t('priv1.1Par')
p=env.t('priv1.2Par')
| To review material modifications and their effective dates scroll
| to the bottom of the page.
p
strong=env.t('privSub2Title')
p=env.t('priv2Par')
strong
| 1. Privacy Statement; Collection of Personal
| Information.
br
| 1.1 OCDevel owns and operates this business. All
| references to "we", "us", shall be construed to mean OCDevel.
p
strong=env.t('privSub3Title')
p=env.t('priv3Par')
p=env.t('priv3.1Par')
p=env.t('priv3.2Par')
p=env.t('priv3.3Par')
p=env.t('priv3.4Par')
p=env.t('priv3.5Par')
p=env.t('priv3.6Par')
p=env.t('priv3.7Par')
| 1.2 We understand that visitors to this website are concerned
| about the privacy of information. The following describes our privacy
| policy regarding information, including personal information, that we
| collect through this website.
p
strong=env.t('privSub4Title')
p=env.t('priv4Par')
strong 2. Modification of Privacy Policy.
br
| We reserve the right to modify this Privacy Policy at any time,
| and without prior notice, by posting an amended Privacy Policy that is
| always accessible by clicking on the "Privacy Policy" link on this
| site's home page. Your continued use of this site indicates your
| acceptance of the amended Privacy Policy. You should check the Privacy
| Policy through this link periodically for modifications by clicking on
| the link provided near the top of the Privacy Policy for a listing of
| material modifications and their effective dates. Regarding personal
| information, if any modifications are materially less restrictive on our
| use or disclosure of the personal information previously disclosed by
| you, we will obtain your consent before implementing such revisions with
| respect to such information.
p
strong=env.t('privSub5Title')
p=env.t('priv5.1Par')
p=env.t('priv5.2Par')
strong 3. Collection of Anonymous, Passive Information.
br
| We reserve the right to monitor your use of the services. As you
| navigate through the services, certain anonymous information may be
| passively collected (that is, gathered without your actively providing
| the information) using various technologies, such as cookies, Internet
| tags or web beacons, and navigational data collection (log files, server
| logs, clickstream). The following is a listing and a brief explanation
| of passive information collection methodologies which we may use from
| time to time to better understand how the Services are being used.
p
strong=env.t('privSub6Title')
p=env.t('priv6Par')
| 3.1 A "cookie" is a text file that this site sends to your
| browser in the form of a text file The information generated by the
| cookie about your use of this site (including your IP address) will be
| transmitted to and stored. Most browsers automatically accept cookies,
| but they usually can be modified to decline cookies if you prefer;
| however, certain features of this site might not work without cookies.
p
strong=env.t('privSub7Title')
p=env.t('priv7Par')
| 3.2 "Session" cookies are temporary bits of information that are
| used to improve navigation, block visitors from providing information
| where inappropriate (the Services "remembers" previous entries of age or
| country of origin that were outside the specified parameters and blocks
| subsequent changes), and collect aggregate statistical information on
| the Services. They are erased once you exit your Web browser or
| otherwise turn off your computer.
p
strong=env.t('privSub8Title')
p=env.t('priv8Par')
p=env.t('priv8.1Par')
p=env.t('priv8.2Par')
p=env.t('priv8.3Par')
p=env.t('priv8.4Par')
| 3.3 "Persistent" cookies are more permanent bits of information
| that are placed on the hard drive of your computer and stay there unless
| you delete the cookie. Persistent cookies store information on your
| computer for a number of purposes, such as retrieving certain
| information you have previously provided, helping to determine what
| areas of the Services you may find most valuable, and customizing the
| Services based on your preferences on an ongoing basis. Persistent
| cookies placed by this site in your computer do not hold personal
| information.
p
strong=env.t('privSub9Title')
p=env.t('priv9Par')
| 3.4 You can set your browser to accept all cookies, to reject all
| cookies, or to notify you whenever a cookie is offered so that you can
| decide each time whether to accept it. To learn more about cookies and
| how to specify your preferences, please search for "cookie" in the
| "Help" portion of your browser.
p
strong=env.t('privSub10Title')
p=env.t('priv10Par')
| 3.5 An Internet Protocol (IP) address is a number assigned to
| your computer by your Internet service provider so you can access the
| Internet and is generally considered to be non-personally identifiable
| information, because in most cases an IP address is dynamic (changing
| each time you connect to the Internet), rather than static (unique to a
| particular user's computer). The IP address can be used to diagnose
| problems with a server, report aggregate information, determine the
| fastest route for your computer to use in connecting to a site, and
| administer and improve the Services.
p
strong=env.t('privSub11Title')
p=env.t('priv11Par')
| 3.6 "Internet tags" (also known as Web Beacons, single-pixel
| GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than
| cookies and tell the Web site server information such as the IP address
| and browser type related to the visitor's computer. Tags may be placed
| both on online advertisements that bring people to the Services and on
| different pages of the Services. Such tags indicate how many times a
| page is opened and which information is consulted.
p
strong=env.t('privSub12Title')
p=env.t('priv12Par')
| 3.7 "Navigational data" (log files, server logs, and clickstream
| data) are used for system management, to improve the content of the
| Services, market research purposes, and to communicate information to
| visitors.
p
strong=env.t('privSub13Title')
p=env.t('priv13Par')
strong 4. Use and Sharing of Anonymous, Passive Information.
br
| The Services may make full use of passively collected anonymous
| information, including without limitation the right to use such
| information to provide better service to Service users, customize the
| Services based on your preferences, compile and analyze statistics and
| trends, and otherwise administer and improve the Services for your use. We
| reserve the right to share this anonymous, passive information in
| aggregated form.
p
strong=env.t('privSub14Title')
p=env.t('priv14Par')
strong 5. 3rd Party Behavioral Ads; Google's AdSense Network.
br
| 5.1 We reserve the right to use anonymous, passive information
| about your visits to this and other websites (not including your name,
| address, email address or telephone number) for purposes of serving our
| ads and third party ads that are targeted to your interests ("3rd Party
| Behavioral Ads"). We reserve the right to share anonymous, passive
| information collected on the services with third parties for purposes of
| serving 3rd Party Behavioral Ads. These 3rd Party Behavioral Ads do not
| identify you personally. Instead, they associate your behavioral data on
| visited sites with your browser, so that the ads your computer sees on
| this site are more likely to be relevant to your interests. 3rd Party
| Behavioral Ads require that that you be served with a cookie containing
| a tracking code. You may refuse the use of cookies by selecting the
| appropriate settings on your browser; however, please note that if you
| do this you may not be able to use the full functionality of this site.
p
strong=env.t('privSub15Title')
p=env.t('priv15Par')
| 5.2 We reserve the right to participate in Google's AdSense
| network for purposes of serving 3rd Party Behavioral Ads. Google uses
| DoubleClick's DART cookie for serving 3rd Party Behavioral Ads over the
| AdSense network. You may opt out of the use of the DART cookie. For
| information regarding how to opt out, go to
| http://www.google.com/privacy_ads.html.
p
strong 6. Use of 3rd Party Analytics.
br
| We reserve the right to use analytics services provided by
| third parties. These services use 3rd party cookies to collect
| anonymous, passive information about your use of this site (see
| explanation of cookies in Collection of Anonymous, Passive Information
| above). We use this information for the purpose of evaluating your use
| of the Services, compiling reports on activity, and providing other
| services. These web analytics services may also transfer this
| information to third parties where required to do so by law, or where
| such third parties process the information on the service's behalf.
p
strong 7. Collection of Personal Information; Categories.
br
| We will ask you for personal information when you sign up for any
| specific benefit or purpose that requires registration. Personal
| information that we collect may vary with the each registration, and it
| may include one or more of the following categories: name, physical
| address, an email address, phone number, and credit card information
| including credit card number, expiration date, and billing address,
| emergency contact information, current medications, allergies, medical
| insurance information.
p
strong
| 8. Use And Sharing of Personal Information: General
| Policy And Exceptions.
br
| Our general policy is that we will use your personal information,
| including combining your personal information with passive information
| collected from this site, only for: the performance of the services or
| transaction for which it was given, our private, internal reporting for
| this site, and security assessments for this site, and we will not
| share, sell, or rent your personal information to others. The only
| exceptions to this general policy: (i) are described in the subsections
| below, and (ii) if you explicitly approve through our site.
p
| 8.1 Affiliates And Service Providers. We reserve the right to
| provide such information to our affiliates or subsidiaries, or trusted
| service providers for the purpose of hosting our servers or processing
| or archiving personal information for us. We require that these parties
| agree to privacy and security safeguards for this information that are
| consistent with this Privacy Policy.
p
| 8.2 Acquisition; Bankruptcy. In the event that we are acquired by
| or merged with a third party entity, we reserve the right to transfer
| such information as part of such merger, acquisition, sale, or other
| change of control. In the unlikely event of our bankruptcy, insolvency,
| reorganization, receivership, or assignment for the benefit of
| creditors, or the application of laws or equitable principles affecting
| creditors' rights generally, we reserve the right to transfer such
| information to protect our rights or as required by law.
p
| 8.3 Enforcement; Legal Process. We reserve the right to transfer
| such information if we have a good faith belief that access, use,
| preservation or disclosure of such information is reasonably necessary
| (i) to satisfy any applicable law, regulation, legal process or
| enforceable governmental request, or (ii) to investigate or enforce
| violations of our rights or the security of this site.
p
| 8.4 Miscellaneous. We reserve the right to share personal
| information with the following additional parties: online organizers
| using our tools and resellers of our products and services from whose
| site the sale originated (even though the sale originates at site of the
| reseller, registration and collection of personal information occurs at
| this site).
p
strong
| 9. Onward Transfer of Personal Information Outside Your
| Country of Residence.
br
| Any personal information which we may collect on this site will
| be stored and processed in our servers located only in the United
| States. By using this site, if you reside outside the United States, you
| consent to the transfer of personal information outside your country of
| residence to the United States.
p
strong 10. Security of Personal Information.
br
| We follow reasonable and appropriate industry standards to
| protect your personal information and data. Unfortunately, no data
| transmission over the Internet or method of data storage can be
| guaranteed 100% secure. Therefore, while we strive to protect your
| personal information by following generally accepted industry standards,
| we cannot ensure or warrant the absolute security of any information you
| transmit to us or archive at this site.
p
strong 11. Changing And Updating Personal Information.
br
| Upon request, we will permit you to request or make changes or
| updates to your personal information for legitimate purposes. We request
| identification prior to approving such requests. We reserve the right to
| decline any requests that are unreasonably repetitive or systematic,
| require unreasonable time or effort of our technical or administrative
| personnel, or undermine the privacy rights of others. We reserve the
| right to permit you to access your personal information in any account
| you establish with this site for purposes of making your own changes or
| updates, and in such case, instructions for making such changes or
| updates will be provided where necessary.
p
strong 12. Email From This Site; Opt-Out Rights.
br
| If you supply us with your e-mail address you may receive
| periodic messages from us with information specific to the Services and
| required for the normal functioning of the Services as well as for new
| products or services or upcoming events. If you prefer not to receive
| periodic email messages, you may opt-out by following the instructions
| on the email.
p
strong 13. Children's Online Policy.
br
| We are committed to preserving online privacy for all of its
| website visitors, including children. This site is a general audience
| site. Consistent with the Children's Online Privacy Protection Act
| (COPPA), we will not knowingly collect any information from, or sell to,
| children under the age of 13. If you are a parent or guardian who has
| discovered that your child under the age of 13 has submitted his or her
| personally identifiable information without your permission or consent,
| we will remove the information from our active list, at your request. To
| request the removal of your child's information, please send contact our
| site as provided below under “Contact Us”, and be sure to include in
| your message the same login information that your child submitted.
p
strong
| 14. Email And Other Messages Through This Site; ECPA
| Notice.
br
| This site treats email messages and other electronic messages
| that are sent through this site and not viewable by others as
| confidential and private, except as required by law, including without
| limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C.
| Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited
| ability to intercept and/or disclose electronic messages, for example
| (i) as necessary to operate our system or to protect our rights or
| property, (ii) upon legal demand (court orders, warrants, subpoenas), or
| (iii) where we receive information inadvertently which appears to
| pertain to the commission of a crime. This site is not considered a
| "secure communications medium" under the ECPA.
p
strong 15. Contact Us.
br
| If you have any questions regarding this Privacy Policy, please
| contact the owner and operator of this website business:
address
strong OCDevel
br
@ -82,10 +301,10 @@ block content
br
| Somerville, MA 02144
br
=env.t('email')
| :
| Email:
a(href='mailto:tylerrenelle@gmail.com') tylerrenelle@gmail.com
p=env.t('phone')
br
| Telephone: 1-805-975-5236
p
#home_static_footer
| © 2012 OCDevel

619
views/static/terms.jade
View file

@ -4,130 +4,575 @@ block vars
- var layoutEnv = env
block title
title=env.t('titleTerms')
title HabitRPG | Terms
block content
#wrap
//app:header:header
.container
.page-header
h1=env.t('termsUse')
p=env.t('termsLastUp')
p=env.t('termsFirstPar')
p=env.t('termsSecPar')
p=env.t('termThirdPar')
p=env.t('termsFourthPar')
h1 Terms of Use
p
strong=env.t('termsMod')
p=env.t('terms1Mod')
| Last updated September 2, 2012
p
strong=env.t('termsElig')
p=env.t('terms1Elig')
| HabitRPG (or "we") provides services through our
| software applications for various devices and platforms ("HabitRPG
| Applications") and the HabitRPG.com domain, and any sub domains thereto
| (the "Sites"). Individually or collectively, HabitRPG Applications and
| Sites may be referred to as the "Services".
p
strong=env.t('termsPriv')
p=env.t('terms1Priv')
| Please read the following terms and conditions ("Terms of
| Service") carefully. These Terms of Service govern your access to and
| use of the Services and HabitRPG Content (defined below) and set forth
| the legally binding terms for your use of the Services and HabitRPG
| Content, whether or not you have registered as a Member.
p
strong=env.t('termsCont')
p=env.t('terms1Cont')
| Certain areas of the Services (and your access to or use of
| HabitRPG Content) may have different terms and conditions posted or may
| require you to agree with and accept additional terms and conditions. If
| there is a conflict between these Terms of Service and terms and
| conditions posted for a specific area of the Services or HabitRPG
| Content, the latter terms and conditions will take precedence with
| respect to your use of or access to that area of the Services or HabitRPG
| Content.
p
strong=env.t('termsOwn')
p=env.t('terms1Own')
| YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR
| "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY
| DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE
| SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
| BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER,
| AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE
| TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR
| HABITRPG CONTENT.
p
strong=env.t('termsLic')
p=env.t('terms1Lic')
strong Modification
br
| HabitRPG reserves the right, at its sole discretion, to modify,
| discontinue or terminate the Services, including any portion thereof on
| a global or individual basis, or to modify these Terms of Service, at
| any time and without prior notice. If we modify these Terms of Service,
| we will update the "Last Updated Date" above and post the modification
| on the Sites and perhaps elsewhere within the Services. By continuing to
| access or use the Services after we have posted a modification to these
| Terms of Service or have provided you with notice of a modification, you
| are indicating that you agree to be bound by the modified Terms of
| Service. If the modified Terms of Service are not acceptable to you,
| your only recourse is to cease using the Services.
p
strong=env.t('termsPubCont')
p=env.t('terms1PubCont')
p=env.t('terms2PubCont')
p=env.t('terms3PubCont')
strong Eligibility and HabitRPG Account Registration
br
| In order to access certain features of the Sites and Services, and to
| post any Public User Content (defined below) on the Sites or through the
| Services, you must register to create an account ("HabitRPG Account") and
| become a "Member". In compliance with privacy laws, we do not allow
| people below the age of 14 to create accounts; please see our Privacy
| Policy for further information. During the registration process, you
| will be required to provide certain information and you will establish a
| username and a password. You agree to provide accurate, current and
| complete information during the registration process and to update such
| information to keep it accurate, current and complete. HabitRPG reserves
| the right to suspend or terminate your HabitRPG Account if any
| information provided during the registration process or thereafter
| proves to be inaccurate, not current or incomplete. If you are not a
| Member you may browse all areas of the Sites or use the parts of the
| Services that are not limited to Members only. You are responsible for
| safeguarding your password. You agree not to disclose your password to
| any third party and to take sole responsibility for any activities or
| actions under your HabitRPG Account, whether or not you have authorized
| such activities or actions. You agree to immediately notify HabitRPG of
| any unauthorized use of your HabitRPG Account. We are not liable for any
| damages or losses caused by someone using your account without your
| permission.
p
strong=env.t('termsNotify')
p=env.t('terms1Notify')
p=env.t('terms2Notify')
p=env.t('terms3Notify')
p=env.t('terms4Notify')
p=env.t('terms5Notify')
strong Privacy
br
| See HabitRPG's Privacy Policy at http://www.HabitRPG.com/privacy for
| information and notices concerning HabitRPG's collection and use of your
| personal information. If you have any questions about the HabitRPG
| Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
| accessing the Services you are agreeing to the terms of our Privacy
| Policy.
p
strong Content
br
| Certain types of content are made available through the Services.
| "HabitRPG Content" means, collectively, the text, data, graphics, images,
| illustrations, forms and look and feel attributes, HabitRPG trademarks
| and logos and other content made available through the Services,
| including any technology or code making up the Services, excluding User
| Content. "Public User Content" means the text, data, graphics, images, photos,
| video or audiovisual content, hypertext links and any other content uploaded,
| transmitted or submitted by a Member via the Services with the intent to share
| with other users. "Private User Content" means data created through the services
| exclusively for personal use or private sharing.
| This includes tasks and related data created in 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
| found to be offensive, indecent, or objectionable.
p
strong Ownership
br
| The Services and HabitRPG Content are protected by copyright, trademark,
| and other laws of the United States and foreign countries. Except as
| expressly provided in these Terms of Service, HabitRPG and its licensors
| exclusively own all right, title and interest in and to the Services and
| HabitRPG Content, including all associated intellectual property rights.
| You will not remove, alter or obscure any copyright, trademark, service
| mark or other proprietary rights notices incorporated in or accompanying
| the Services or HabitRPG Content.
p
strong HabitRPG License
br
| Subject to your compliance with the terms and conditions of these Terms
| of Service, HabitRPG grants you a limited, non-exclusive,
| non-transferable license, without the right to sublicense, to access,
| use, view, download and print, where applicable, the Services and any
| HabitRPG Content solely for your personal and non-commercial purposes.
| You will not use, copy, adapt, modify, prepare derivative works based
| upon, distribute, license, sell, transfer, publicly display, publicly
| perform, transmit, stream, broadcast or otherwise exploit the Services
| or HabitRPG Content, except as expressly permitted in these Terms of
| Service. No licenses or rights are granted to you by implication or
| otherwise under any intellectual property rights owned or controlled by
| HabitRPG or its licensors, except for the licenses and rights expressly
| granted in these Terms of Service. With respect to HabitRPG Applications,
| your license is limited to use of such applications on platforms and
| devices that you own or control, and you may not distribute or make the
| HabitRPG Applications available over a network where it could be used by
| multiple devices at the same time.
p
strong Public User Content
br
| By making available any Public User Content through the Services, you hereby
| grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
| transferable, royalty-free license, with the right to sublicense, to
| use, copy, adapt, modify, distribute, license, sell, transfer, publicly
| display, publicly perform, transmit, stream, broadcast and otherwise
| exploit such Public User Content only on, through or by means of the Services.
| HabitRPG does not claim any ownership rights in any such Public User Content and
| nothing in these Terms of Service will be deemed to restrict any rights
| that you may have to use and exploit any such Public User Content.
p
| You acknowledge and agree that you are solely responsible for all
| Public User Content that you make available through the Services. Accordingly,
| you represent and warrant that: (i) you either are the sole and
| exclusive owner of all Public User Content that you make available through the
| Services or you have all rights, licenses, consents and releases that
| are necessary to grant to HabitRPG the rights in such Public User Content, as
| contemplated under these Terms of Service; and (ii) neither the User
| Content nor your posting, uploading, publication, submission or
| transmittal of the Public User Content or HabitRPG's use of the Public User Content (or
| any portion thereof) on, through or by means of the Services will
| infringe, misappropriate or violate a third party's patent, copyright,
| trademark, trade secret, moral rights or other intellectual property
| rights, or rights of publicity or privacy, or result in the violation of
| any applicable law or regulation.
p
| Copyrighted Materials: No Infringing Use. You will not use the
| Services to offer, display, distribute, transmit, route, provide
| connections to or store any material that infringes copyrighted works or
| otherwise violates or promotes the violation of the intellectual
| property rights of any third party. HabitRPG has adopted and implemented
| a policy that provides for the termination in appropriate circumstances
| of the accounts of users who repeatedly infringe or are believed to be
| or are charged with repeatedly infringing the rights of copyright
| holders.
p
strong Notify Us of Infringers
br
| If you believe that something on the Services violates your copyright,
| notify our copyright agent in writing. The contact information for our
| copyright agent is at the bottom of this section.
p
| In order for us to take action, you must do the following in your
| notice:
p
| (1) provide your physical or electronic signature; (2) identify
| the copyrighted work that you believe is being infringed; (3) identify
| the item on the Services that you think is infringing your work and
| include sufficient information about where the material is located on
| the Services (including which website and URL) so that we can find it;
| (4) provide us with a way to contact you, such as your address,
| telephone number, or e-mail; (5) provide a statement that you believe in
| good faith that the item you have identified as infringing is not
| authorized by the copyright owner, its agent, or the law to be used on
| the Services; and (6) provide a statement that the information you
| provide in your notice is accurate, and that (under penalty of perjury),
| you are authorized to act on behalf of the copyright owner whose work is
| being infringed.
p
| Here is the contact information for our copyright agent:
p
| Copyright Enforcement
br
| OCDevel
br
| 98 Morrison Ave #2
br
| Somerville, MA 02144
p=env.t('terms6Notify')
p=env.t('terms7Notify')
p=env.t('terms8Notify')
br
| Phone: (805) 975-5236
br
| E-Mail: tylerrenelle at gmail dot com
p
strong=env.t('termsRCF')
p=env.t('terms1RCF')
| Again, we cannot take action unless you give us all the required
| information.
p
strong=env.t('termsInter')
p=env.t('terms1Inter')
strong Ratings and Comments & Feedback.
br
| You can rate and make comments about content made available through the
| Services ("Comments"). HabitRPG advises you to exercise caution and good
| judgment when leaving such Comments. Once you complete and submit your
| Comments to the Services you will not be able to go back and edit your
| Comments. You should also be aware that you could be held legally
| responsible for damages to someone's reputation if your Comments are
| deemed to be defamatory. Without limiting any other terms of this Terms
| of Service, HabitRPG may, but is under no obligation to, monitor or
| censor Comments and disclaims any and all liability relating thereto.
| Notwithstanding the foregoing, HabitRPG does reserve the right, in its
| sole discretion, to remove any Comments that it deems to be improper,
| inappropriate or inconsistent with the online activities that are
| permitted under these Terms of Service. We welcome and encourage you to
| provide feedback, comments and suggestions for improvements to the
| Services ("Feedback"). You may submit Feedback by emailing us at support
| AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
| will be the sole and exclusive property of HabitRPG and you hereby
| irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
| all of your right, title, and interest in and to all Comments and
| Feedback, including without limitation all worldwide patent rights,
| copyright rights, trade secret rights, and other proprietary or
| intellectual property rights therein. At HabitRPG's request and expense,
| you will execute documents and take such further acts as HabitRPG may
| reasonably request to assist HabitRPG to acquire, perfect, and maintain
| its intellectual property rights and other legal protections for the
| Comments and Feedback.
p
strong=env.t('termsProhib')
p=env.t('terms1Prohib')
strong Interactions between Users
br
| You are solely responsible for your interactions (including any
| disputes) with other users. You understand that HabitRPG does not in any
| way screen HabitRPG users, except to only allow people aged 14 and over
| to create accounts. You are solely responsible for, and will exercise
| caution, discretion, common sense and judgment in, using the Services
| and disclosing personal information to other HabitRPG users. You agree to
| take reasonable precautions in all interactions with other HabitRPG
| users, particularly if you decide to meet a HabitRPG user offline, or in
| person. Your use of the Services, HabitRPG Content and any other content
| made available through the Services is at your sole risk and discretion
| and HabitRPG hereby disclaims any and all liability to you or any third
| party relating thereto. HabitRPG reserves the right to contact Members,
| in compliance with applicable law, in order to evaluate compliance with
| the rules and policies in these Terms of Service. You will cooperate
| fully with HabitRPG to investigate any suspected unlawful, fraudulent or
| improper activity, including, without limitation, granting authorized
| HabitRPG representatives access to any password-protected portions of
| your HabitRPG Account.
p
strong General Prohibitions
br
| You agree not to do any of the following while using the Services or
| HabitRPG Content:
br
ul
li=env.t('terms2Prohib')
li=env.t('terms3Prohib')
li=env.t('terms4Prohib')
li=env.t('terms5Prohib')
li=env.t('terms6Prohib')
li=env.t('terms7Prohib')
li=env.t('terms8Prohib')
li=env.t('terms9Prohib')
li=env.t('terms10Prohib')
li=env.t('terms11Prohib')
li=env.t('terms12Prohib')
li=env.t('terms13Prohib')
li=env.t('terms14Prohib')
li=env.t('terms15Prohib')
li=env.t('terms16Prohib')
p=env.t('terms17Prohib')
li
| Post, upload, publish, submit or transmit any text, graphics,
| images, software, music, audio, video, information or other material
| that: (i) infringes, misappropriates or violates a third party's
| patent, copyright, trademark, trade secret, moral rights or other
| intellectual property rights, or rights of publicity or privacy; (ii)
| violates, or encourages any conduct that would violate, any applicable
| law or regulation or would give rise to civil liability; (iii) is
| fraudulent, false, misleading or deceptive; (iv) is defamatory,
| obscene, pornographic, vulgar or offensive; (v) promotes
| discrimination, bigotry, racism, hatred, harassment or harm against any
| individual or group; (vi) is violent or threatening or promotes
| violence or actions that are threatening to any other person; or (vii)
| promotes illegal or harmful activities or substances (including but not
| limited to activities that promote or provide instructional information
| regarding the manufacture or purchase of illegal weapons or illegal
| substances).
li
| Use, display, mirror, frame or utilize framing techniques to
| enclose the Services, or any individual element or materials within the
| Services, HabitRPG's name, any HabitRPG trademark, logo or other
| proprietary information, the content of any text or the layout and
| design of any page or form contained on a page, without HabitRPG's
| express written consent;
li
| Access, tamper with, or use non-public areas of the Services,
| HabitRPG's computer systems, or the technical delivery systems of
| HabitRPG's providers;
li
| Attempt to probe, scan, or test the vulnerability of any
| HabitRPG system or network or breach any security or authentication
| measures;
li
| Avoid, bypass, remove, deactivate, impair, descramble or
| otherwise circumvent any technological measure implemented by HabitRPG
| or any of HabitRPG's providers or any other third party (including
| another user) to protect the Services or HabitRPG Content;
li
| Attempt to access or search the Services or HabitRPG Content or
| download HabitRPG Content from the Services through the use of any
| engine, software, tool, agent, device or mechanism (including spiders,
| robots, crawlers, data mining tools or the like) other than the
| software and/or search agents provided by HabitRPG or other generally
| available third party web browsers (such as Google Chrome, Microsoft
| Internet Explorer, Mozilla Firefox, Safari or Opera);
li
| Send any unsolicited or unauthorized advertising, promotional
| materials, email, junk mail, spam, chain letters or other form of
| solicitation;
li
| Use any meta tags or other hidden text or metadata utilizing a
| HabitRPG trademark, logo URL or product name without HabitRPG's express
| written consent;
li
| Use the Services or HabitRPG Content for any commercial purpose
| or the benefit of any third party or in any manner not permitted by
| these Terms of Service;
li
| Forge any TCP/IP packet header or any part of the header
| information in any email or newsgroup posting, or in any way use the
| Services or HabitRPG Content to send altered, deceptive or false
| source-identifying information;
li
| Attempt to decipher, decompile, disassemble or reverse
| engineer any of the software used to provide the Services or HabitRPG
| Content;
li
| Interfere with, or attempt to interfere with, the access of
| any user, host or network, including, without limitation, sending a
| virus, overloading, flooding, spamming, or mail-bombing the Services;
li
| Collect or store any personally identifiable information from
| the Services from other users of the Services without their express
| permission;
li
| Impersonate or misrepresent your affiliation with any person
| or entity; Violate any applicable law or regulation; or
li
| Encourage or enable any other individual to do any of the
| foregoing.
p
strong=env.t('termsLinks')
p=env.t('terms1Links')
| HabitRPG will have the right to investigate and prosecute
| violations of any of the above, including intellectual property rights
| infringement and Services security issues, to the fullest extent of the
| law. HabitRPG may involve and cooperate with law enforcement authorities
| in prosecuting users who violate these Terms of Service. You acknowledge
| that HabitRPG has no obligation to monitor your access to or use of the
| Services or HabitRPG Content or to review or edit any Public User Content, but
| has the right to do so for the purpose of operating the Services, to
| ensure your compliance with these Terms of Service, or to comply with
| applicable law or the order or requirement of a court, administrative
| agency or other governmental body. HabitRPG reserves the right, at any
| time and without prior notice, to remove or disable access to any
| HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole
| discretion, considers to be in violation of these Terms of Service or
| otherwise harmful to the Services.
p
strong=env.t('termsCancel')
p=env.t('terms1Cancel')
p=env.t('terms2Cancel')
p=env.t('terms3Cancel')
p=env.t('terms4Cancel')
strong Links
br
| The Services may contain links to third-party websites or resources. You
| acknowledge and agree that HabitRPG is not responsible or liable for: (i)
| the availability or accuracy of such websites or resources; or (ii) the
| content, products, or services on or available from such websites or
| resources. Links to such websites or resources do not imply any
| endorsement by HabitRPG of such websites or resources or the content,
| products, or services available from such websites or resources. You
| acknowledge sole responsibility for and assume all risk arising from
| your use of any such websites or resources.
p
strong=env.t('termsDisc')
p=env.t('terms1Disc')
p=env.t('terms2Disc')
p=env.t('terms3Disc')
strong Termination and HabitRPG Account; Cancellation
br
| Without limiting other remedies, HabitRPG may at any time suspend or
| terminate your HabitRPG Account and refuse to provide access to the
| Services. In addition, HabitRPG may notify authorities or take any
| actions it deems appropriate, without notice to you, if HabitRPG suspects
| or determines, in its own discretion, that you may have or there is a
| significant risk that you have (i) failed to comply with any provision
| of these Terms of Service or any policies or rules established by
| HabitRPG; or (ii) engaged in actions relating to or in the course of
| using the Services that may be illegal or cause liability, harm,
| embarrassment, harassment, abuse or disruption for you, HabitRPG Users,
| HabitRPG or any other third parties or the Services.
p
strong=env.t('termsIdemn')
p=env.t('terms1Idemn')
| You may terminate your HabitRPG Account at any time and for any
| reason by sending email to support AT HabitRPG.com. Upon any termination
| by a Member, the related account will no longer be accessible.
p
strong=env.t('termsLimit')
p=env.t('terms1Limit')
p=env.t('terms2Limit')
| After any termination, you understand and acknowledge that we
| will have no further obligation to provide the Services and all licenses
| and other rights granted to you by these Terms of Service will
| immediately cease. HabitRPG will not be liable to you or any third party
| for termination of the Services or termination of your use of either.
| UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR
| INFORMATION (INCLUDING PUBLIC USER CONTENT) THAT YOU HAVE SUBMITTED ON THE
| SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE
| ACCESSED BY YOU. Furthermore, HabitRPG will have no obligation to
| maintain any information stored in our database related to your account
| or to forward any information to you or any third party.
p
strong=env.t('termsRights')
p=env.t('terms1Rights')
| Any suspension, termination or cancellation will not affect your
| obligations to HabitRPG under these Terms of Service (including, without
| limitation, proprietary rights and ownership, indemnification and
| limitation of liability), which by their sense and context are intended
| to survive such suspension, termination or cancellation.
p
strong=env.t('termsLaw')
p=env.t('terms1Law')
p=env.t('terms2Law')
strong Disclaimers
br
| THE SERVICES, HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED "AS IS",
| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
| LIMITING THE FOREGOING, HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
| NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
| USAGE OF TRADE.
p
strong=env.t('termsExport')
p=env.t('terms1Export')
| HABITRPG MAKES NO WARRANTY THAT THE SERVICES, HABITRPG CONTENT OR
| PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
| UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HABITRPG MAKES NO WARRANTY
| REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR
| OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
| COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE
| SERVICES.
p
strong=env.t('termsAgree')
p=env.t('terms1Agree')
| NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
| HABITRPG OR THROUGH THE SERVICES, HABITRPG CONTENT OR PUBLIC USER CONTENT, WILL
| CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
p
strong=env.t('termsAssign')
p=env.t('terms1Assign')
strong Indemnity
br
| You agree to defend, indemnify, and hold HabitRPG, its officers,
| directors, employees and agents, harmless from and against any claims,
| liabilities, damages, losses, and expenses, including, without
| limitation, reasonable legal and accounting fees, arising out of or in
| any way connected with Public User Content you submit to HabitRPG, your access
| to or use of the Services or HabitRPG Content, or your violation of these
| Terms of Service.
p
strong=env.t('termsNotices')
p=env.t('terms1Notices')
strong Limitation of Liability
br
| YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
| THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
| AND CONTENT THEREIN REMAINS WITH YOU. NEITHER HABITRPG NOR ANY OTHER
| PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
| HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
| CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
| GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
| COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION
| WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
| CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
| NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
| NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF
| A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
| ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT
| LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
| OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
| ENTIRELY WITH YOU. FURTHER, HABITRPG WILL HAVE NO LIABILITY TO YOU OR TO
| ANY THIRD PARTY FOR ANY PUBLIC USER CONTENT OR THIRD-PARTY CONTENT UPLOADED
| ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
p
strong=env.t('termsGeneral')
p=env.t('terms1General')
| IN NO EVENT WILL HABITRPG'S AGGREGATE LIABILITY ARISING OUT OF OR
| IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR
| INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE
| HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
| ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND
| YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
| LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
| LIMITATION MAY NOT APPLY TO YOU.
p
strong=env.t('termsContact')
p=env.t('terms1Contact')
strong Proprietary Rights Notices
br
| All trademarks, service marks, logos, trade names and any other
| proprietary designations of HabitRPG used herein are trademarks or
| registered trademarks of HabitRPG. Any other trademarks, service marks,
| logos, trade names and any other proprietary designations are the
| trademarks or registered trademarks of their respective parties.
p
strong Controlling Law and Jurisdiction
br
| These Terms of Service and any action related thereto will be governed
| by the laws of the State of California without regard to its conflict of
| laws provisions. The exclusive jurisdiction and venue of any action with
| respect to the subject matter of these Terms of Service will be the
| courts having jurisdiction over disputes arising in Santa Clara County,
| California, and each of the parties hereto waives any objection to
| jurisdiction and venue in such courts.
p
| YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT
| WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT.
| OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
p
strong Export Control
br
| You may not use or otherwise export or re-export the Services except as
| authorized by United States law and the laws of the jurisdiction in
| which the Services were obtained. In particular, but without limitation,
| the Services may not be exported or re-exported (a) into any U.S.
| embargoed countries or (b) to anyone on the U.S. Treasury Department's
| list of Specially Designated Nationals or the U.S. Department of
| Commerce Denied Person's List or Entity List. By using the Services, you
| represent and warrant that you are not located in any such country or on
| any such list. You also agree that you will not use these products for
| any purposes prohibited by United States law, including, without
| limitation, the development, design, manufacture or production of
| nuclear, missiles, or chemical or biological weapons.
p
strong Entire Agreement
br
| These Terms of Service constitute the entire and exclusive understanding
| and agreement between HabitRPG and you regarding the Services and HabitRPG
| Content, and these Terms of Service supersede and replace any and all
| prior oral or written understandings or agreements between HabitRPG and
| you regarding the Services and HabitRPG Content.
p
strong Assignment
br
| You may not assign or transfer these Terms of Service, by operation of
| law or otherwise, without HabitRPG's prior written consent. Any attempt
| by you to assign or transfer these Terms of Service, without such
| consent, will be null and of no effect. HabitRPG may freely assign these
| Terms of Service. Subject to the foregoing, these Terms of Service will
| bind and inure to the benefit of the parties, their successors and
| permitted assigns.
p
strong Notices
br
| You consent to the use of: (i) electronic means to complete these Terms
| of Service and to deliver any notices or other communications permitted
| or required hereunder; and (ii) electronic records to store information
| related to these Terms of Service or your use of the Services. Any
| notices or other communications permitted to required hereunder,
| including those regarding modifications to these Terms of Service, will
| be in writing and given: (x) by HabitRPG via email (in each case to the
| address that you provide) or (y) by posting to the Sites or Services.
| For notices made by e-mail, the date of receipt will be deemed the date
| on which such notice is transmitted.
p
strong General
br
| The failure of HabitRPG to enforce any right or provision of these Terms
| of Service will not constitute a waiver of future enforcement of that
| right or provision. The waiver of any such right or provision will be
| effective only if in writing and signed by a duly authorized
| representative of HabitRPG. Except as expressly set forth in these Terms
| of Service, the exercise by either party of any of its remedies under
| these Terms of Service will be without prejudice to its other remedies
| under these Terms of Service or otherwise. If for any reason a court of
| competent jurisdiction finds any provision of these Terms of Service
| invalid or unenforceable, that provision will be enforced to the maximum
| extent permissible and the other provisions of these Terms of Service
| will remain in full force and effect.
p
strong Contacting Us
br
| If you have any questions about these Terms of Service, please contact
| us at tylerrenelle@gmail.com.
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