extends ./layout
//-Trick needed to pass 'env' to ./layout
block vars
  - var layoutEnv = env

block title
  title HabitRPG &VerticalLine; Terms

block content
  .row
    .col-md-12
      .page-header
        h1 Terms of Use
      p
        | Last updated February 18&comma; 2015
        br
        small (Updated on this date with the correct contact details)
        br
        br
      p
        | HabitRPG &lpar;or &quot;we&quot;&rpar; provides services through our
        | software applications for various devices and platforms &lpar;&quot;HabitRPG
        | Applications&quot;&rpar; and the HabitRPG&period;com domain&comma; and any sub domains thereto
        | &lpar;the &quot;Sites&quot;&rpar;&period; Individually or collectively&comma; HabitRPG Applications and
        | Sites may be referred to as the &quot;Services&quot;&period;
      p
        | Please read the following terms and conditions &lpar;&quot;Terms of
        | Service&quot;&rpar; carefully&period; These Terms of Service govern your access to and
        | use of the Services and HabitRPG Content &lpar;defined below&rpar; and set forth
        | the legally binding terms for your use of the Services and HabitRPG
        | Content&comma; whether or not you have registered as a Member&period;
      p
        | Certain areas of the Services &lpar;and your access to or use of
        | HabitRPG Content&rpar; may have different terms and conditions posted or may
        | require you to agree with and accept additional terms and conditions&period; 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&comma; 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&period;
      p
        | YOU ACKNOWLEDGE AND AGREE THAT&comma; BY CLICKING ON THE &quot;I AGREE&quot; OR
        | &quot;I ACCEPT&quot; BUTTON&comma; OR BY ACCESSING OR USING THE SERVICES OR BY
        | DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE
        | SERVICES&comma; YOU ARE INDICATING THAT YOU HAVE READ&comma; UNDERSTAND AND AGREE TO
        | BE BOUND BY THESE TERMS&comma; WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER&comma;
        | AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW&period; IF YOU DO NOT AGREE
        | TO THESE TERMS&comma; THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR
        | HABITRPG CONTENT&period;
      p
        strong Modification
        br
        | HabitRPG reserves the right&comma; at its sole discretion&comma; to modify&comma;
        | discontinue or terminate the Services&comma; including any portion thereof on
        | a global or individual basis&comma; or to modify these Terms of Service&comma; at
        | any time and without prior notice&period; If we modify these Terms of Service&comma;
        | we will update the &quot;Last Updated Date&quot; above and post the modification
        | on the Sites and perhaps elsewhere within the Services&period; 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&comma; you
        | are indicating that you agree to be bound by the modified Terms of
        | Service&period; If the modified Terms of Service are not acceptable to you&comma;
        | your only recourse is to cease using the Services&period;
      p
        strong Eligibility and HabitRPG Account Registration
        br
        | In order to access certain features of the Sites and Services&comma; and to
        | post any Public User Content &lpar;defined below&rpar; on the Sites or through the
        | Services&comma; you must register to create an account &lpar;&quot;HabitRPG Account&quot;&rpar; and
        | become a &quot;Member&quot;&period; In compliance with privacy laws&comma; we do not allow
        | people below the age of 14 to create accounts&semi; please see our Privacy
        | Policy for further information&period; During the registration process&comma; you
        | will be required to provide certain information and you will establish a
        | username and a password&period; You agree to provide accurate&comma; current and
        | complete information during the registration process and to update such
        | information to keep it accurate&comma; current and complete&period; 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&comma; not current or incomplete&period; 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&period; You are responsible for
        | safeguarding your password&period; 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&comma; whether or not you have authorized
        | such activities or actions&period; You agree to immediately notify HabitRPG of
        | any unauthorized use of your HabitRPG Account&period; We are not liable for any
        | damages or losses caused by someone using your account without your
        | permission&period;
      p
        strong Privacy
        br
        | See <a href='/static/privacy'>HabitRPG&apos;s Privacy Policy</a> for
        | information and notices concerning HabitRPG&apos;s collection and use of your
        | personal information&period; If you have any questions about the HabitRPG
        | Privacy Policy&comma; please contact HabitRPG at privacy AT HabitRPG&period;com&period; By
        | accessing the Services you are agreeing to the terms of our Privacy
        | Policy&period;
      p
        strong Content
        br
        | Certain types of content are made available through the Services&period;
        | &quot;HabitRPG Content&quot; means&comma; collectively&comma; the text&comma; data&comma; graphics&comma; images&comma;
        | illustrations&comma; forms and look and feel attributes&comma; HabitRPG trademarks
        | and logos and other content made available through the Services&comma;
        | including any technology or code making up the Services&comma; excluding User
        | Content&period; &quot;Public User Content&quot; means the text&comma; data&comma; graphics&comma; images&comma; photos&comma;
        | video or audiovisual content&comma; hypertext links and any other content uploaded&comma;
        | transmitted or submitted by a Member via the Services with the intent to share
        | with other users&period; &quot;Private User Content&quot; means data created through the services
        | exclusively for personal use or private sharing&period;
        | This includes tasks and related data created in HabitRPG Tasks that have not
        | been explicitly shared publicly&period;
        | You understand that by using any of the Services&comma; you may encounter content
        | that may be deemed offensive&comma; indecent&comma; or objectionable&comma; which content
        | may or may not be identified as having explicit language&comma; and that the
        | results of any search or entering of a particular URL may automatically
        | and unintentionally generate links or references to objectionable
        | material&period; Nevertheless&comma; 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&comma; indecent&comma; or objectionable&period;
      p
        strong Ownership
        br
        | The Services and HabitRPG Content are protected by copyright&comma; trademark&comma;
        | and other laws of the United States and foreign countries&period; Except as
        | expressly provided in these Terms of Service&comma; HabitRPG and its licensors
        | exclusively own all right&comma; title and interest in and to the Services and
        | HabitRPG Content&comma; including all associated intellectual property rights&period;
        | You will not remove&comma; alter or obscure any copyright&comma; trademark&comma; service
        | mark or other proprietary rights notices incorporated in or accompanying
        | the Services or HabitRPG Content&period;
      p
        strong HabitRPG License
        br
        | Subject to your compliance with the terms and conditions of these Terms
        | of Service&comma; HabitRPG grants you a limited&comma; non-exclusive&comma;
        | non-transferable license&comma; without the right to sublicense&comma; to access&comma;
        | use&comma; view&comma; download and print&comma; where applicable&comma; the Services and any
        | HabitRPG Content solely for your personal and non-commercial purposes&period;
        | You will not use&comma; copy&comma; adapt&comma; modify&comma; prepare derivative works based
        | upon&comma; distribute&comma; license&comma; sell&comma; transfer&comma; publicly display&comma; publicly
        | perform&comma; transmit&comma; stream&comma; broadcast or otherwise exploit the Services
        | or HabitRPG Content&comma; except as expressly permitted in these Terms of
        | Service&period; 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&comma; except for the licenses and rights expressly
        | granted in these Terms of Service&period; With respect to HabitRPG Applications&comma;
        | your license is limited to use of such applications on platforms and
        | devices that you own or control&comma; 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&period;
      p
        strong Public User Content
        br
        | By making available any Public User Content through the Services&comma; you hereby
        | grant to HabitRPG a worldwide&comma; irrevocable&comma; perpetual&comma; non-exclusive&comma;
        | transferable&comma; royalty-free license&comma; with the right to sublicense&comma; to
        | use&comma; copy&comma; adapt&comma; modify&comma; distribute&comma; license&comma; sell&comma; transfer&comma; publicly
        | display&comma; publicly perform&comma; transmit&comma; stream&comma; broadcast and otherwise
        | exploit such Public User Content only on&comma; through or by means of the Services&period;
        | 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&period;
      p
        | You acknowledge and agree that you are solely responsible for all
        | Public User Content that you make available through the Services&period; Accordingly&comma;
        | you represent and warrant that&colon; &lpar;i&rpar; 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&comma; licenses&comma; consents and releases that
        | are necessary to grant to HabitRPG the rights in such Public User Content&comma; as
        | contemplated under these Terms of Service&semi; and &lpar;ii&rpar; neither the User
        | Content nor your posting&comma; uploading&comma; publication&comma; submission or
        | transmittal of the Public User Content or HabitRPG&apos;s use of the Public User Content &lpar;or
        | any portion thereof&rpar; on&comma; through or by means of the Services will
        | infringe&comma; misappropriate or violate a third party&apos;s patent&comma; copyright&comma;
        | trademark&comma; trade secret&comma; moral rights or other intellectual property
        | rights&comma; or rights of publicity or privacy&comma; or result in the violation of
        | any applicable law or regulation&period;
      p
        | Copyrighted Materials&colon; No Infringing Use&period; You will not use the
        | Services to offer&comma; display&comma; distribute&comma; transmit&comma; route&comma; 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&period; 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&period;
      p
        strong Notify Us of Infringers
        br
        | If you believe that something on the Services violates your copyright&comma;
        | notify our copyright agent in writing&period; The contact information for our
        | copyright agent is at the bottom of this section&period;
      p
        | In order for us to take action&comma; you must do the following in your
        | notice&colon;
      p
        | &lpar;1&rpar; provide your physical or electronic signature&semi; &lpar;2&rpar; identify
        | the copyrighted work that you believe is being infringed&semi; &lpar;3&rpar; 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 &lpar;including which website and URL&rpar; so that we can find it&semi;
        | &lpar;4&rpar; provide us with a way to contact you&comma; such as your address&comma;
        | telephone number&comma; or e-mail&semi; &lpar;5&rpar; provide a statement that you believe in
        | good faith that the item you have identified as infringing is not
        | authorized by the copyright owner&comma; its agent&comma; or the law to be used on
        | the Services&semi; and &lpar;6&rpar; provide a statement that the information you
        | provide in your notice is accurate&comma; and that &lpar;under penalty of perjury&rpar;&comma;
        | you are authorized to act on behalf of the copyright owner whose work is
        | being infringed&period;
      p
        | Here is the contact information for our copyright agent&colon;
      p
        | Copyright Enforcement
        br
        | HabitRPG, Inc.
        br
        | 11870 Santa Monica Blvd., Suite 106-577
        br
        | Los Angeles, CA 90025
        br
        | E-Mail&colon; <a href='mailto:admin@habitrpg.com'>admin@habitrpg.com</a>
      p
        | Again&comma; we cannot take action unless you give us all the required
        | information&period;
      p
        strong Ratings and Comments &amp; Feedback&period;
        br
        | You can rate and make comments about content made available through the
        | Services &lpar;&quot;Comments&quot;&rpar;&period; HabitRPG advises you to exercise caution and good
        | judgment when leaving such Comments&period; Once you complete and submit your
        | Comments to the Services you will not be able to go back and edit your
        | Comments&period; You should also be aware that you could be held legally
        | responsible for damages to someone&apos;s reputation if your Comments are
        | deemed to be defamatory&period; Without limiting any other terms of this Terms
        | of Service&comma; HabitRPG may&comma; but is under no obligation to&comma; monitor or
        | censor Comments and disclaims any and all liability relating thereto&period;
        | Notwithstanding the foregoing&comma; HabitRPG does reserve the right&comma; in its
        | sole discretion&comma; to remove any Comments that it deems to be improper&comma;
        | inappropriate or inconsistent with the online activities that are
        | permitted under these Terms of Service&period; We welcome and encourage you to
        | provide feedback&comma; comments and suggestions for improvements to the
        | Services &lpar;&quot;Feedback&quot;&rpar;&period; You may submit Feedback by emailing us at support
        | AT HabitRPG&period;com&period; 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&comma; title&comma; and interest in and to all Comments and
        | Feedback&comma; including without limitation all worldwide patent rights&comma;
        | copyright rights&comma; trade secret rights&comma; and other proprietary or
        | intellectual property rights therein&period; At HabitRPG&apos;s request and expense&comma;
        | you will execute documents and take such further acts as HabitRPG may
        | reasonably request to assist HabitRPG to acquire&comma; perfect&comma; and maintain
        | its intellectual property rights and other legal protections for the
        | Comments and Feedback&period;
      p
        strong Interactions between Users
        br
        | You are solely responsible for your interactions &lpar;including any
        | disputes&rpar; with other users&period; You understand that HabitRPG does not in any
        | way screen HabitRPG users&comma; except to only allow people aged 14 and over
        | to create accounts&period; You are solely responsible for&comma; and will exercise
        | caution&comma; discretion&comma; common sense and judgment in&comma; using the Services
        | and disclosing personal information to other HabitRPG users&period; You agree to
        | take reasonable precautions in all interactions with other HabitRPG
        | users&comma; particularly if you decide to meet a HabitRPG user offline&comma; or in
        | person&period; Your use of the Services&comma; 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&period; HabitRPG reserves the right to contact Members&comma;
        | in compliance with applicable law&comma; in order to evaluate compliance with
        | the rules and policies in these Terms of Service&period; You will cooperate
        | fully with HabitRPG to investigate any suspected unlawful&comma; fraudulent or
        | improper activity&comma; including&comma; without limitation&comma; granting authorized
        | HabitRPG representatives access to any password-protected portions of
        | your HabitRPG Account&period;
      p
        strong General Prohibitions
        br
        | You agree not to do any of the following while using the Services or
        | HabitRPG Content&colon;
        br
      ul
        li
          | Post&comma; upload&comma; publish&comma; submit or transmit any text&comma; graphics&comma;
          | images&comma; software&comma; music&comma; audio&comma; video&comma; information or other material
          | that&colon; &lpar;i&rpar; infringes&comma; misappropriates or violates a third party&apos;s
          | patent&comma; copyright&comma; trademark&comma; trade secret&comma; moral rights or other
          | intellectual property rights&comma; or rights of publicity or privacy&semi; &lpar;ii&rpar;
          | violates&comma; or encourages any conduct that would violate&comma; any applicable
          | law or regulation or would give rise to civil liability&semi; &lpar;iii&rpar; is
          | fraudulent&comma; false&comma; misleading or deceptive&semi; &lpar;iv&rpar; is defamatory&comma;
          | obscene&comma; pornographic&comma; vulgar or offensive&semi; &lpar;v&rpar; promotes
          | discrimination&comma; bigotry&comma; racism&comma; hatred&comma; harassment or harm against any
          | individual or group&semi; &lpar;vi&rpar; is violent or threatening or promotes
          | violence or actions that are threatening to any other person&semi; or &lpar;vii&rpar;
          | promotes illegal or harmful activities or substances &lpar;including but not
          | limited to activities that promote or provide instructional information
          | regarding the manufacture or purchase of illegal weapons or illegal
          | substances&rpar;&period;
        li
          | Use&comma; display&comma; mirror&comma; frame or utilize framing techniques to
          | enclose the Services&comma; or any individual element or materials within the
          | Services&comma; HabitRPG&apos;s name&comma; any HabitRPG trademark&comma; logo or other
          | proprietary information&comma; the content of any text or the layout and
          | design of any page or form contained on a page&comma; without HabitRPG&apos;s
          | express written consent&semi;
        li
          | Access&comma; tamper with&comma; or use non-public areas of the Services&comma;
          | HabitRPG&apos;s computer systems&comma; or the technical delivery systems of
          | HabitRPG&apos;s providers&semi;
        li
          | Attempt to probe&comma; scan&comma; or test the vulnerability of any
          | HabitRPG system or network or breach any security or authentication
          | measures&semi;
        li
          | Avoid&comma; bypass&comma; remove&comma; deactivate&comma; impair&comma; descramble or
          | otherwise circumvent any technological measure implemented by HabitRPG
          | or any of HabitRPG&apos;s providers or any other third party &lpar;including
          | another user&rpar; to protect the Services or HabitRPG Content&semi;
        li
          | Attempt to access or search the Services or HabitRPG Content or
          | download HabitRPG Content from the Services through the use of any
          | engine&comma; software&comma; tool&comma; agent&comma; device or mechanism &lpar;including spiders&comma;
          | robots&comma; crawlers&comma; data mining tools or the like&rpar; other than the
          | software and&sol;or search agents provided by HabitRPG or other generally
          | available third party web browsers &lpar;such as Google Chrome&comma; Microsoft
          | Internet Explorer&comma; Mozilla Firefox&comma; Safari or Opera&rpar;&semi;
        li
          | Send any unsolicited or unauthorized advertising&comma; promotional
          | materials&comma; email&comma; junk mail&comma; spam&comma; chain letters or other form of
          | solicitation&semi;
        li
          | Use any meta tags or other hidden text or metadata utilizing a
          | HabitRPG trademark&comma; logo URL or product name without HabitRPG&apos;s express
          | written consent&semi;
        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&semi;
        li
          | Forge any TCP&sol;IP packet header or any part of the header
          | information in any email or newsgroup posting&comma; or in any way use the
          | Services or HabitRPG Content to send altered&comma; deceptive or false
          | source-identifying information&semi;
        li
          | Attempt to decipher&comma; decompile&comma; disassemble or reverse
          | engineer any of the software used to provide the Services or HabitRPG
          | Content&semi;
        li
          | Interfere with&comma; or attempt to interfere with&comma; the access of
          | any user&comma; host or network&comma; including&comma; without limitation&comma; sending a
          | virus&comma; overloading&comma; flooding&comma; spamming&comma; or mail-bombing the Services&semi;
        li
          | Collect or store any personally identifiable information from
          | the Services from other users of the Services without their express
          | permission&semi;
        li
          | Impersonate or misrepresent your affiliation with any person
          | or entity&semi; Violate any applicable law or regulation&semi; or
        li
          | Encourage or enable any other individual to do any of the
          | foregoing&period;
      p
        | HabitRPG will have the right to investigate and prosecute
        | violations of any of the above&comma; including intellectual property rights
        | infringement and Services security issues&comma; to the fullest extent of the
        | law&period; HabitRPG may involve and cooperate with law enforcement authorities
        | in prosecuting users who violate these Terms of Service&period; 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&comma; but
        | has the right to do so for the purpose of operating the Services&comma; to
        | ensure your compliance with these Terms of Service&comma; or to comply with
        | applicable law or the order or requirement of a court&comma; administrative
        | agency or other governmental body&period; HabitRPG reserves the right&comma; at any
        | time and without prior notice&comma; to remove or disable access to any
        | HabitRPG Content&comma; including&comma; any Public User Content&comma; that HabitRPG&comma; in its sole
        | discretion&comma; considers to be in violation of these Terms of Service or
        | otherwise harmful to the Services&period;
      p
        strong Links
        br
        | The Services may contain links to third-party websites or resources&period; You
        | acknowledge and agree that HabitRPG is not responsible or liable for&colon; &lpar;i&rpar;
        | the availability or accuracy of such websites or resources&semi; or &lpar;ii&rpar; the
        | content&comma; products&comma; or services on or available from such websites or
        | resources&period; Links to such websites or resources do not imply any
        | endorsement by HabitRPG of such websites or resources or the content&comma;
        | products&comma; or services available from such websites or resources&period; You
        | acknowledge sole responsibility for and assume all risk arising from
        | your use of any such websites or resources&period;
      p
        strong Termination and HabitRPG Account&semi; Cancellation
        br
        | Without limiting other remedies&comma; HabitRPG may at any time suspend or
        | terminate your HabitRPG Account and refuse to provide access to the
        | Services&period; In addition&comma; HabitRPG may notify authorities or take any
        | actions it deems appropriate&comma; without notice to you&comma; if HabitRPG suspects
        | or determines&comma; in its own discretion&comma; that you may have or there is a
        | significant risk that you have &lpar;i&rpar; failed to comply with any provision
        | of these Terms of Service or any policies or rules established by
        | HabitRPG&semi; or &lpar;ii&rpar; engaged in actions relating to or in the course of
        | using the Services that may be illegal or cause liability&comma; harm&comma;
        | embarrassment&comma; harassment&comma; abuse or disruption for you&comma; HabitRPG Users&comma;
        | HabitRPG or any other third parties or the Services&period;
      p
        | You may terminate your HabitRPG Account at any time and for any
        | reason by sending email to support AT HabitRPG&period;com&period; Upon any termination
        | by a Member&comma; the related account will no longer be accessible&period;
      p
        | After any termination&comma; 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&period; HabitRPG will not be liable to you or any third party
        | for termination of the Services or termination of your use of either&period;
        | UPON ANY TERMINATION OR SUSPENSION&comma; ANY CONTENT&comma; MATERIALS OR
        | INFORMATION &lpar;INCLUDING PUBLIC USER CONTENT&rpar; THAT YOU HAVE SUBMITTED ON THE
        | SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE
        | ACCESSED BY YOU&period; Furthermore&comma; 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&period;
      p
        | Any suspension&comma; termination or cancellation will not affect your
        | obligations to HabitRPG under these Terms of Service &lpar;including&comma; without
        | limitation&comma; proprietary rights and ownership&comma; indemnification and
        | limitation of liability&rpar;&comma; which by their sense and context are intended
        | to survive such suspension&comma; termination or cancellation&period;
      p
        strong Disclaimers
        br
        | THE SERVICES&comma; HABITRPG CONTENT AND PUBLIC USER CONTENT ARE PROVIDED &quot;AS IS&quot;&comma;
        | WITHOUT WARRANTY OF ANY KIND&comma; EITHER EXPRESS OR IMPLIED&period; WITHOUT
        | LIMITING THE FOREGOING&comma; HABITRPG EXPLICITLY DISCLAIMS ANY WARRANTIES OF
        | MERCHANTABILITY&comma; FITNESS FOR A PARTICULAR PURPOSE&comma; QUIET ENJOYMENT OR
        | NON-INFRINGEMENT&comma; AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
        | USAGE OF TRADE&period;
      p
        | HABITRPG MAKES NO WARRANTY THAT THE SERVICES&comma; HABITRPG CONTENT OR
        | PUBLIC USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
        | UNINTERRUPTED&comma; SECURE&comma; OR ERROR-FREE BASIS&period; HABITRPG MAKES NO WARRANTY
        | REGARDING THE QUALITY OF ANY PRODUCTS&comma; SERVICES OR CONTENT PURCHASED OR
        | OBTAINED THROUGH THE SERVICES OR THE ACCURACY&comma; TIMELINESS&comma; TRUTHFULNESS&comma;
        | COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE
        | SERVICES&period;
      p
        | NO ADVICE OR INFORMATION&comma; WHETHER ORAL OR WRITTEN&comma; OBTAINED FROM
        | HABITRPG OR THROUGH THE SERVICES&comma; HABITRPG CONTENT OR PUBLIC USER CONTENT&comma; WILL
        | CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN&period;
      p
        strong Indemnity
        br
        | You agree to defend&comma; indemnify&comma; and hold HabitRPG&comma; its officers&comma;
        | directors&comma; employees and agents&comma; harmless from and against any claims&comma;
        | liabilities&comma; damages&comma; losses&comma; and expenses&comma; including&comma; without
        | limitation&comma; reasonable legal and accounting fees&comma; arising out of or in
        | any way connected with Public User Content you submit to HabitRPG&comma; your access
        | to or use of the Services or HabitRPG Content&comma; or your violation of these
        | Terms of Service&period;
      p
        strong Limitation of Liability
        br
        | YOU ACKNOWLEDGE AND AGREE THAT&comma; TO THE MAXIMUM EXTENT PERMITTED BY LAW&comma;
        | THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
        | AND CONTENT THEREIN REMAINS WITH YOU&period; NEITHER HABITRPG NOR ANY OTHER
        | PARTY INVOLVED IN CREATING&comma; PRODUCING&comma; OR DELIVERING THE SERVICES OR
        | HABITRPG CONTENT WILL BE LIABLE FOR ANY INCIDENTAL&comma; SPECIAL&comma; EXEMPLARY OR
        | CONSEQUENTIAL DAMAGES&comma; INCLUDING LOST PROFITS&comma; LOSS OF DATA OR LOSS OF
        | GOODWILL&comma; SERVICE INTERRUPTION&comma; COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
        | COST OF SUBSTITUTE PRODUCTS OR SERVICES&comma; ARISING OUT OF OR IN CONNECTION
        | WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
        | CONTENT THEREIN&comma; WHETHER BASED ON WARRANTY&comma; CONTRACT&comma; TORT &lpar;INCLUDING
        | NEGLIGENCE&rpar;&comma; PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY&comma; AND WHETHER OR
        | NOT HABITRPG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE&comma; EVEN IF
        | A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
        | ESSENTIAL PURPOSE&period; YOU SPECIFICALLY ACKNOWLEDGE THAT HABITRPG IS NOT
        | LIABLE FOR THE DEFAMATORY&comma; OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
        | OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
        | ENTIRELY WITH YOU&period; FURTHER&comma; 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&period;
      p
        | IN NO EVENT WILL HABITRPG&apos;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&comma; SERVICES OR CONTENT THEREIN EXCEED ONE
        | HUNDRED U&period;S&period; DOLLARS &lpar;&dollar;100&rpar;&period; THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
        | ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HABITRPG AND
        | YOU&period; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
        | LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES&comma; SO THE ABOVE
        | LIMITATION MAY NOT APPLY TO YOU&period;
      p
        strong Proprietary Rights Notices
        br
        | All trademarks&comma; service marks&comma; logos&comma; trade names and any other
        | proprietary designations of HabitRPG used herein are trademarks or
        | registered trademarks of HabitRPG&period; Any other trademarks&comma; service marks&comma;
        | logos&comma; trade names and any other proprietary designations are the
        | trademarks or registered trademarks of their respective parties&period;
      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&period; 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&comma;
        | California&comma; and each of the parties hereto waives any objection to
        | jurisdiction and venue in such courts&period;
      p
        | YOU AGREE THAT IF YOU WANT TO SUE US&comma; YOU MUST FILE YOUR LAWSUIT
        | WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT&period;
        | OTHERWISE&comma; YOUR LAWSUIT WILL BE PERMANENTLY BARRED&period;
      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&period; In particular&comma; but without limitation&comma;
        | the Services may not be exported or re-exported &lpar;a&rpar; into any U&period;S&period;
        | embargoed countries or &lpar;b&rpar; to anyone on the U&period;S&period; Treasury Department&apos;s
        | list of Specially Designated Nationals or the U&period;S&period; Department of
        | Commerce Denied Person&apos;s List or Entity List&period; By using the Services&comma; you
        | represent and warrant that you are not located in any such country or on
        | any such list&period; You also agree that you will not use these products for
        | any purposes prohibited by United States law&comma; including&comma; without
        | limitation&comma; the development&comma; design&comma; manufacture or production of
        | nuclear&comma; missiles&comma; or chemical or biological weapons&period;
      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&comma; 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&period;
      p
        strong Assignment
        br
        | You may not assign or transfer these Terms of Service&comma; by operation of
        | law or otherwise&comma; without HabitRPG&apos;s prior written consent&period; Any attempt
        | by you to assign or transfer these Terms of Service&comma; without such
        | consent&comma; will be null and of no effect&period; HabitRPG may freely assign these
        | Terms of Service&period; Subject to the foregoing&comma; these Terms of Service will
        | bind and inure to the benefit of the parties&comma; their successors and
        | permitted assigns&period;
      p
        strong Notices
        br
        | You consent to the use of&colon; &lpar;i&rpar; electronic means to complete these Terms
        | of Service and to deliver any notices or other communications permitted
        | or required hereunder&semi; and &lpar;ii&rpar; electronic records to store information
        | related to these Terms of Service or your use of the Services&period; Any
        | notices or other communications permitted to required hereunder&comma;
        | including those regarding modifications to these Terms of Service&comma; will
        | be in writing and given&colon; &lpar;x&rpar; by HabitRPG via email &lpar;in each case to the
        | address that you provide&rpar; or &lpar;y&rpar; by posting to the Sites or Services&period;
        | For notices made by e-mail&comma; the date of receipt will be deemed the date
        | on which such notice is transmitted&period;
      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&period; The waiver of any such right or provision will be
        | effective only if in writing and signed by a duly authorized
        | representative of HabitRPG&period; Except as expressly set forth in these Terms
        | of Service&comma; 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&period; If for any reason a court of
        | competent jurisdiction finds any provision of these Terms of Service
        | invalid or unenforceable&comma; 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&period;
      p
        strong Contacting Us
        br
        | If you have any questions about these Terms of Service&comma; please contact
        | us at <a href='mailto:admin@habitrpg.com'>admin@habitrpg.com</a>
