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       h1 Terms of Use
     p
       | Last updated July 27&comma; 2015
       br
       small (Corrected minimum age requirement to under 13 years of age per COPPA)
       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 13 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@habitica.com'>admin@habitica.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 13 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@habitica.com'>admin@habitica.com</a>
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