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571 lines
38 KiB
Vue
571 lines
38 KiB
Vue
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h1 Terms of Use
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p
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| Last updated July 27, 2015
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br
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small (Corrected minimum age requirement to under 13 years of age per COPPA)
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br
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br
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p
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| HabitRPG (or "we") provides services through our
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| software applications for various devices and platforms ("HabitRPG
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| Applications") and the HabitRPG.com domain, and any sub domains thereto
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| (the "Sites"). Individually or collectively, HabitRPG Applications and
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| Sites may be referred to as the "Services".
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p
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| Please read the following terms and conditions ("Terms of
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| Service") carefully. These Terms of Service govern your access to and
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| use of the Services and HabitRPG Content (defined below) and set forth
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| the legally binding terms for your use of the Services and HabitRPG
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| Content, whether or not you have registered as a Member.
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p
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| Certain areas of the Services (and your access to or use of
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| HabitRPG Content) may have different terms and conditions posted or may
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| require you to agree with and accept additional terms and conditions. If
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| there is a conflict between these Terms of Service and terms and
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| conditions posted for a specific area of the Services or HabitRPG
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| Content, the latter terms and conditions will take precedence with
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| respect to your use of or access to that area of the Services or HabitRPG
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| Content.
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p
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| YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR
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| "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY
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| DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE
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| SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
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| BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER,
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| AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE
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| TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR
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| HABITRPG CONTENT.
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p
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strong Modification
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br
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| HabitRPG reserves the right, at its sole discretion, to modify,
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| discontinue or terminate the Services, including any portion thereof on
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| a global or individual basis, or to modify these Terms of Service, at
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| any time and without prior notice. If we modify these Terms of Service,
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| we will update the "Last Updated Date" above and post the modification
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| on the Sites and perhaps elsewhere within the Services. By continuing to
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| access or use the Services after we have posted a modification to these
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| Terms of Service or have provided you with notice of a modification, you
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| are indicating that you agree to be bound by the modified Terms of
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| Service. If the modified Terms of Service are not acceptable to you,
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| your only recourse is to cease using the Services.
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p
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strong Eligibility and HabitRPG Account Registration
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br
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| In order to access certain features of the Sites and Services, and to
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| post any Public User Content (defined below) on the Sites or through the
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| Services, you must register to create an account ("HabitRPG Account") and
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| become a "Member". In compliance with privacy laws, we do not allow
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| people below the age of 13 to create accounts; please see our Privacy
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| Policy for further information. During the registration process, you
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| will be required to provide certain information and you will establish a
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| username and a password. You agree to provide accurate, current and
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| complete information during the registration process and to update such
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| information to keep it accurate, current and complete. HabitRPG reserves
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| the right to suspend or terminate your HabitRPG Account if any
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| information provided during the registration process or thereafter
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| proves to be inaccurate, not current or incomplete. If you are not a
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| Member you may browse all areas of the Sites or use the parts of the
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| Services that are not limited to Members only. You are responsible for
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| safeguarding your password. You agree not to disclose your password to
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| any third party and to take sole responsibility for any activities or
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| actions under your HabitRPG Account, whether or not you have authorized
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| such activities or actions. You agree to immediately notify HabitRPG of
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| any unauthorized use of your HabitRPG Account. We are not liable for any
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| damages or losses caused by someone using your account without your
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| permission.
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p
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strong Privacy
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br
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| See <a href='/static/privacy'>HabitRPG's Privacy Policy</a> for
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| information and notices concerning HabitRPG's collection and use of your
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| personal information. If you have any questions about the HabitRPG
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| Privacy Policy, please contact HabitRPG at privacy AT HabitRPG.com. By
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| accessing the Services you are agreeing to the terms of our Privacy
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| Policy.
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p
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strong Content
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br
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| Certain types of content are made available through the Services.
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| "HabitRPG Content" means, collectively, the text, data, graphics, images,
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| illustrations, forms and look and feel attributes, HabitRPG trademarks
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| and logos and other content made available through the Services,
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| including any technology or code making up the Services, excluding User
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| Content. "Public User Content" means the text, data, graphics, images, photos,
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| video or audiovisual content, hypertext links and any other content uploaded,
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| transmitted or submitted by a Member via the Services with the intent to share
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| with other users. "Private User Content" means data created through the services
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| exclusively for personal use or private sharing.
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| This includes tasks and related data created in HabitRPG Tasks that have not
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| been explicitly shared publicly.
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| You understand that by using any of the Services, you may encounter content
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| that may be deemed offensive, indecent, or objectionable, which content
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| may or may not be identified as having explicit language, and that the
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| results of any search or entering of a particular URL may automatically
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| and unintentionally generate links or references to objectionable
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| material. Nevertheless, you agree to use the Services at your sole risk
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| and that we shall not have any liability to you for content that may be
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| found to be offensive, indecent, or objectionable.
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p
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strong Ownership
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br
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| The Services and HabitRPG Content are protected by copyright, trademark,
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| and other laws of the United States and foreign countries. Except as
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| expressly provided in these Terms of Service, HabitRPG and its licensors
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| exclusively own all right, title and interest in and to the Services and
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| HabitRPG Content, including all associated intellectual property rights.
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| You will not remove, alter or obscure any copyright, trademark, service
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| mark or other proprietary rights notices incorporated in or accompanying
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| the Services or HabitRPG Content.
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p
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strong HabitRPG License
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br
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| Subject to your compliance with the terms and conditions of these Terms
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| of Service, HabitRPG grants you a limited, non-exclusive,
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| non-transferable license, without the right to sublicense, to access,
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| use, view, download and print, where applicable, the Services and any
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| HabitRPG Content solely for your personal and non-commercial purposes.
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| You will not use, copy, adapt, modify, prepare derivative works based
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| upon, distribute, license, sell, transfer, publicly display, publicly
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| perform, transmit, stream, broadcast or otherwise exploit the Services
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| or HabitRPG Content, except as expressly permitted in these Terms of
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| Service. No licenses or rights are granted to you by implication or
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| otherwise under any intellectual property rights owned or controlled by
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| HabitRPG or its licensors, except for the licenses and rights expressly
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| granted in these Terms of Service. With respect to HabitRPG Applications,
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| your license is limited to use of such applications on platforms and
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| devices that you own or control, and you may not distribute or make the
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| HabitRPG Applications available over a network where it could be used by
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| multiple devices at the same time.
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p
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strong Public User Content
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br
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| By making available any Public User Content through the Services, you hereby
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| grant to HabitRPG a worldwide, irrevocable, perpetual, non-exclusive,
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| transferable, royalty-free license, with the right to sublicense, to
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| use, copy, adapt, modify, distribute, license, sell, transfer, publicly
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| display, publicly perform, transmit, stream, broadcast and otherwise
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| exploit such Public User Content only on, through or by means of the Services.
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| HabitRPG does not claim any ownership rights in any such Public User Content and
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| nothing in these Terms of Service will be deemed to restrict any rights
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| that you may have to use and exploit any such Public User Content.
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p
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| You acknowledge and agree that you are solely responsible for all
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| Public User Content that you make available through the Services. Accordingly,
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| you represent and warrant that: (i) you either are the sole and
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| exclusive owner of all Public User Content that you make available through the
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| Services or you have all rights, licenses, consents and releases that
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| are necessary to grant to HabitRPG the rights in such Public User Content, as
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| contemplated under these Terms of Service; and (ii) neither the User
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| Content nor your posting, uploading, publication, submission or
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| transmittal of the Public User Content or HabitRPG's use of the Public User Content (or
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| any portion thereof) on, through or by means of the Services will
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| infringe, misappropriate or violate a third party's patent, copyright,
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| trademark, trade secret, moral rights or other intellectual property
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| rights, or rights of publicity or privacy, or result in the violation of
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| any applicable law or regulation.
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p
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| Copyrighted Materials: No Infringing Use. You will not use the
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| Services to offer, display, distribute, transmit, route, provide
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| connections to or store any material that infringes copyrighted works or
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| otherwise violates or promotes the violation of the intellectual
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| property rights of any third party. HabitRPG has adopted and implemented
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| a policy that provides for the termination in appropriate circumstances
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| of the accounts of users who repeatedly infringe or are believed to be
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| or are charged with repeatedly infringing the rights of copyright
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| holders.
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p
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strong Notify Us of Infringers
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br
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| If you believe that something on the Services violates your copyright,
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| notify our copyright agent in writing. The contact information for our
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| copyright agent is at the bottom of this section.
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p
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| In order for us to take action, you must do the following in your
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| notice:
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p
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| (1) provide your physical or electronic signature; (2) identify
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| the copyrighted work that you believe is being infringed; (3) identify
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| the item on the Services that you think is infringing your work and
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| include sufficient information about where the material is located on
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| the Services (including which website and URL) so that we can find it;
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| (4) provide us with a way to contact you, such as your address,
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| telephone number, or e-mail; (5) provide a statement that you believe in
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| good faith that the item you have identified as infringing is not
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| authorized by the copyright owner, its agent, or the law to be used on
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| the Services; and (6) provide a statement that the information you
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| provide in your notice is accurate, and that (under penalty of perjury),
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| you are authorized to act on behalf of the copyright owner whose work is
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| being infringed.
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p
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| Here is the contact information for our copyright agent:
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p
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| Copyright Enforcement
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br
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| HabitRPG, Inc.
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br
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| 11870 Santa Monica Blvd., Suite 106-577
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br
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| Los Angeles, CA 90025
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br
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| E-Mail: <a href='mailto:admin@habitica.com'>admin@habitica.com</a>
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p
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| Again, we cannot take action unless you give us all the required
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| information.
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p
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strong Ratings and Comments & Feedback.
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br
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| You can rate and make comments about content made available through the
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| Services ("Comments"). HabitRPG advises you to exercise caution and good
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| judgment when leaving such Comments. Once you complete and submit your
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| Comments to the Services you will not be able to go back and edit your
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| Comments. You should also be aware that you could be held legally
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| responsible for damages to someone's reputation if your Comments are
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| deemed to be defamatory. Without limiting any other terms of this Terms
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| of Service, HabitRPG may, but is under no obligation to, monitor or
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| censor Comments and disclaims any and all liability relating thereto.
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| Notwithstanding the foregoing, HabitRPG does reserve the right, in its
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| sole discretion, to remove any Comments that it deems to be improper,
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| inappropriate or inconsistent with the online activities that are
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| permitted under these Terms of Service. We welcome and encourage you to
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| provide feedback, comments and suggestions for improvements to the
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| Services ("Feedback"). You may submit Feedback by emailing us at support
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| AT HabitRPG.com. You acknowledge and agree that all Comments and Feedback
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| will be the sole and exclusive property of HabitRPG and you hereby
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| irrevocably assign to HabitRPG and agree to irrevocably assign to HabitRPG
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| all of your right, title, and interest in and to all Comments and
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| Feedback, including without limitation all worldwide patent rights,
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| copyright rights, trade secret rights, and other proprietary or
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| intellectual property rights therein. At HabitRPG's request and expense,
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| you will execute documents and take such further acts as HabitRPG may
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| reasonably request to assist HabitRPG to acquire, perfect, and maintain
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| its intellectual property rights and other legal protections for the
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| Comments and Feedback.
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p
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strong Interactions between Users
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br
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| You are solely responsible for your interactions (including any
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| disputes) with other users. You understand that HabitRPG does not in any
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| way screen HabitRPG users, except to only allow people aged 13 and over
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| to create accounts. You are solely responsible for, and will exercise
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| caution, discretion, common sense and judgment in, using the Services
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| and disclosing personal information to other HabitRPG users. You agree to
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| take reasonable precautions in all interactions with other HabitRPG
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| users, particularly if you decide to meet a HabitRPG user offline, or in
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| person. Your use of the Services, HabitRPG Content and any other content
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| made available through the Services is at your sole risk and discretion
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| and HabitRPG hereby disclaims any and all liability to you or any third
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| party relating thereto. HabitRPG reserves the right to contact Members,
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| in compliance with applicable law, in order to evaluate compliance with
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| the rules and policies in these Terms of Service. You will cooperate
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| fully with HabitRPG to investigate any suspected unlawful, fraudulent or
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| improper activity, including, without limitation, granting authorized
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| HabitRPG representatives access to any password-protected portions of
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| your HabitRPG Account.
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p
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strong General Prohibitions
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br
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| You agree not to do any of the following while using the Services or
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| HabitRPG Content:
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br
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ul
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li
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| Post, upload, publish, submit or transmit any text, graphics,
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| images, software, music, audio, video, information or other material
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| that: (i) infringes, misappropriates or violates a third party's
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| patent, copyright, trademark, trade secret, moral rights or other
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| intellectual property rights, or rights of publicity or privacy; (ii)
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| violates, or encourages any conduct that would violate, any applicable
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| law or regulation or would give rise to civil liability; (iii) is
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| fraudulent, false, misleading or deceptive; (iv) is defamatory,
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| obscene, pornographic, vulgar or offensive; (v) promotes
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| discrimination, bigotry, racism, hatred, harassment or harm against any
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| individual or group; (vi) is violent or threatening or promotes
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| violence or actions that are threatening to any other person; or (vii)
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| promotes illegal or harmful activities or substances (including but not
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| limited to activities that promote or provide instructional information
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| regarding the manufacture or purchase of illegal weapons or illegal
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| substances).
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li
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| Use, display, mirror, frame or utilize framing techniques to
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| enclose the Services, or any individual element or materials within the
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| Services, HabitRPG's name, any HabitRPG trademark, logo or other
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| proprietary information, the content of any text or the layout and
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| design of any page or form contained on a page, without HabitRPG's
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| express written consent;
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li
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| Access, tamper with, or use non-public areas of the Services,
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| HabitRPG's computer systems, or the technical delivery systems of
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| HabitRPG's providers;
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li
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| Attempt to probe, scan, or test the vulnerability of any
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| HabitRPG system or network or breach any security or authentication
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| measures;
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li
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| Avoid, bypass, remove, deactivate, impair, descramble or
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| otherwise circumvent any technological measure implemented by HabitRPG
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| or any of HabitRPG's providers or any other third party (including
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| another user) to protect the Services or HabitRPG Content;
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li
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| Attempt to access or search the Services or HabitRPG Content or
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| download HabitRPG Content from the Services through the use of any
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| engine, software, tool, agent, device or mechanism (including spiders,
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| robots, crawlers, data mining tools or the like) other than the
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| software and/or search agents provided by HabitRPG or other generally
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| available third party web browsers (such as Google Chrome, Microsoft
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| Internet Explorer, Mozilla Firefox, Safari or Opera);
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li
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| Send any unsolicited or unauthorized advertising, promotional
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| materials, email, junk mail, spam, chain letters or other form of
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| solicitation;
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li
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| Use any meta tags or other hidden text or metadata utilizing a
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| HabitRPG trademark, logo URL or product name without HabitRPG's express
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| written consent;
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li
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| Use the Services or HabitRPG Content for any commercial purpose
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| or the benefit of any third party or in any manner not permitted by
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| these Terms of Service;
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li
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| Forge any TCP/IP packet header or any part of the header
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| information in any email or newsgroup posting, or in any way use the
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| Services or HabitRPG Content to send altered, deceptive or false
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| source-identifying information;
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li
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| Attempt to decipher, decompile, disassemble or reverse
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| engineer any of the software used to provide the Services or HabitRPG
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| Content;
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li
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| Interfere with, or attempt to interfere with, the access of
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| any user, host or network, including, without limitation, sending a
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| virus, overloading, flooding, spamming, or mail-bombing the Services;
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li
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| Collect or store any personally identifiable information from
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| the Services from other users of the Services without their express
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| permission;
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li
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| Impersonate or misrepresent your affiliation with any person
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| or entity; Violate any applicable law or regulation; or
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li
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| Encourage or enable any other individual to do any of the
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| foregoing.
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p
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| HabitRPG will have the right to investigate and prosecute
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| violations of any of the above, including intellectual property rights
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| infringement and Services security issues, to the fullest extent of the
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| law. HabitRPG may involve and cooperate with law enforcement authorities
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| in prosecuting users who violate these Terms of Service. You acknowledge
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| that HabitRPG has no obligation to monitor your access to or use of the
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| Services or HabitRPG Content or to review or edit any Public User Content, but
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| has the right to do so for the purpose of operating the Services, to
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| ensure your compliance with these Terms of Service, or to comply with
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| applicable law or the order or requirement of a court, administrative
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| agency or other governmental body. HabitRPG reserves the right, at any
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| time and without prior notice, to remove or disable access to any
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| HabitRPG Content, including, any Public User Content, that HabitRPG, in its sole
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| discretion, considers to be in violation of these Terms of Service or
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| otherwise harmful to the Services.
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p
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|
strong Links
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br
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| The Services may contain links to third-party websites or resources. You
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| acknowledge and agree that HabitRPG is not responsible or liable for: (i)
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| the availability or accuracy of such websites or resources; or (ii) the
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| content, products, or services on or available from such websites or
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| resources. Links to such websites or resources do not imply any
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| endorsement by HabitRPG of such websites or resources or the content,
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| products, or services available from such websites or resources. You
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| acknowledge sole responsibility for and assume all risk arising from
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| your use of any such websites or resources.
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p
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|
strong Termination and HabitRPG Account; Cancellation
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br
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|
| Without limiting other remedies, HabitRPG may at any time suspend or
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| terminate your HabitRPG Account and refuse to provide access to the
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| Services. In addition, HabitRPG may notify authorities or take any
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| actions it deems appropriate, without notice to you, if HabitRPG suspects
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| or determines, in its own discretion, that you may have or there is a
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| significant risk that you have (i) failed to comply with any provision
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| of these Terms of Service or any policies or rules established by
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| HabitRPG; or (ii) engaged in actions relating to or in the course of
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| using the Services that may be illegal or cause liability, harm,
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| embarrassment, harassment, abuse or disruption for you, HabitRPG Users,
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| HabitRPG or any other third parties or the Services.
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|
p
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|
| You may terminate your HabitRPG Account at any time and for any
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| reason by sending email to support AT HabitRPG.com. Upon any termination
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| by a Member, the related account will no longer be accessible.
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p
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| After any termination, you understand and acknowledge that we
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| will have no further obligation to provide the Services and all licenses
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| and other rights granted to you by these Terms of Service will
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| immediately cease. HabitRPG will not be liable to you or any third party
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| for termination of the Services or termination of your use of either.
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| UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR
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| 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.
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|
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 <a href='mailto:admin@habitica.com'>admin@habitica.com</a>
|
|
</template>
|