extends ./layout
//-Trick needed to pass 'env' to ./layout
block vars
- var layoutEnv = env
block title
title HabitRPG | Terms
block content
.row
.col-md-12
.page-header
h1 Terms of Use
p
| Last updated February 18, 2015
br
small (Updated on this date with the correct contact details)
p
| HabitRPG (or "we") provides services through our
| software applications for various devices and platforms ("HabitRPG
| Applications") and the HabitRPG.com domain, and any sub domains thereto
| (the "Sites"). Individually or collectively, HabitRPG Applications and
| Sites may be referred to as the "Services".
p
| 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
| 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
| 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 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 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 Privacy
br
| See HabitRPG's Privacy Policy 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
| HabitRPG, Inc.
br
| 11870 Santa Monica Blvd., Suite 106-577
br
| Los Angeles, CA 90025
br
| E-Mail: admin@habitrpg.com
p
| Again, we cannot take action unless you give us all the required
| information.
p
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 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
| 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
| 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 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 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
| 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
| 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
| 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 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
| 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
| 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 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 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
| 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 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 admin@habitrpg.com